Pubdate: Sat, 28 Jul 2001 Source: Palm Beach Post (FL) Copyright: 2001 The Palm Beach Post Contact: http://www.gopbi.com/ Details: http://www.mapinc.org/media/333 Author: Sanjay Bhatt PHYSICIAN INDICTED ON MURDER CHARGE WEST PALM BEACH -- A Jupiter physician was arrested and charged Friday with racketeering, drug dealing and first-degree murder in the death of a patient who overdosed on the controversial painkiller OxyContin, prosecutors said. Dr. Denis Deonarine, 56, appears to be the first doctor in Florida, and possibly only the second in the nation, charged with murder in connection with prescribing the opiate painkiller OxyContin, according to the Food and Drug Administration, the drug's manufacturer and legal experts. Two doctors, one in the Panhandle and another in California who was originally charged with murder, face manslaughter charges; a Virginia man who is not a doctor pleaded guilty this week to felony murder months after injecting a partially paralyzed man with the drug. The felony murder charge against Deonarine, which carries a sentence of death or life in prison upon conviction, stems from the Feb. 8 death of Michael Labzda, 21, of Jupiter, said Assistant State Attorney Barbara Burns. "We're not attacking the medical community. We're not even attacking a particular drug," Burns said. "What we're attacking is conduct so egregious that it crosses the threshold from poor doctoring to criminal conduct." Deonarine's attorney, Richard Lubin, called the murder charge "meritless," but said he hasn't seen the indictment. Deonarine was in the Palm Beach County Jail late Friday, Lubin said, suffering from pneumonia. A grand jury indicted Deonarine and others on 80 counts, State Attorney Barry Krischer said, but both he and Burns refused to give details of the indictment. The indictment remains sealed because not all of the accused are in custody, Burns said. In prior affidavits, investigators have alleged that Deonarine sold prescriptions for cash and did not perform the physical exams or other tests that would justify the medications and the doses he prescribed. Prosecutors say three more of Deonarine's patients have overdosed on OxyContin and died. But Friday's charges relate only to Labzda's death. Labzda's autopsy report shows the Palm Beach Community College horticulture student's blood contained very high levels of oxycodone, the active ingredient in OxyContin, Lubin said. It also revealed he had taken high doses of the tranquilizer alprazolam and had been drinking alcohol before he died, Lubin said. OxyContin is a powerful pain reliever that has become popular with drug addicts because large doses produce a heroin-like high when crushed and ingested. The drug slows the body's breathing reflex and is known to be lethal if taken in high doses with depressants such as alcohol. Medical experts have speculated that many of the dozens of OxyContin overdoses nationwide were suicides. State law allows someone to be charged with felony murder when someone dies in the commission of a felony such as drug trafficking or when someone dies from using an opiate drug that the suspect distributed illegally. Because of Labzda's autopsy report, Lubin said he believes prosecutors will try Deonarine on charges of felony murder while engaged in drug trafficking. Deonarine also faces charges of defrauding health insurers with illegitimate OxyContin prescriptions. Prosecutors say he prescribed the drug for his office manager and later lover, Wayna McCollum. Investigators from the state attorney's office and the FDA worked for five months to build their case against Deonarine. The doctor has never been disciplined by the state Board of Medicine. Like California prosecutors who were unable to make OxyContin-related murder charges stick in a high-profile case against a pain clinic doctor, Palm Beach County prosecutors acknowledged it would be difficult to convince a court that Deonarine was guilty of murder. "It's a new concept. We don't know how it's going to play out," Burns said. Lubin was quick to point out what he saw as potential problems with the state's key victim. "If someone abuses a drug that he's been prescribed and takes it with other drugs and alcohol, all in violation of pain management agreements the doctor has every patient execute, how is the doctor responsible for the patient's death?" Lubin said. Court records show Labzda had a history of drug possession. Early last year, after being charged with misdemeanor marijuana possession and possession of drug paraphernalia, Labzda pleaded guilty to the former charge and was ordered to do 14 hours of community service. And last December, the state attorney's office charged him with marijuana possession in excess of 20 grams, a third-degree felony. Labzda died a week before a scheduled hearing on the felony charge. His family, which in an interview earlier this year refused to comment on Labzda's drug use, has filed a $100 million lawsuit against Deonarine, Walgreens and Purdue Pharma, the company that makes OxyContin. The lawsuit complains that Purdue Pharma marketed the drug "by making misrepresentations or omissions regarding the appropriate uses, risks, and safety of OxyContin" -- claims the drugmaker has denied. Deonarine hasn't sold prescriptions or made money from the drug, Lubin said. "To the extent Dr. Deonarine may have been a victim of misleading marketing by the manufacturer that may have occurred, he truly believes, and he has always believed, he has prescribed medicines when it was needed medically," he said. The FDA approved the drug for treatment of moderate to severe pain in patients with cancer and chronic pain. On Wednesday, the FDA and Purdue Pharma announced that OxyContin's package insert will now bear the FDA's strongest warning. And Purdue Pharma is sending letters to doctors alerting them to misuse of its drug. - --- MAP posted-by: Larry Stevens