Pubdate: Tue, 25 Jun 2002
Source: Fort Lauderdale Sun-Sentinel (FL)
Copyright: 2002 Sun-Sentinel Company
Contact:  http://www.mapinc.org/media/159
Note: http://www.sun-sentinel.com/
Authors: Nancy McVicar, Fred Schulte
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin)

DOCTOR CHARGED IN 4 DEATHS

Port St. Lucie physician Asuncion Luyao, 60, was charged with manslaughter 
on Monday in the deaths of four patients from overdoses of narcotic 
painkillers and other drugs she prescribed.

Luyao's medical license was suspended by the state in late March when she 
was arrested on charges of trafficking in oxycodone, the generic name for 
OxyContin and several other powerful narcotic painkillers.

In May the Sun-Sentinel reported that 14 of Luyao's patients had died 
during 2000 and 2001 from drug overdoses. Since then, the newspaper has 
confirmed a 15th death of a Luyao patient in Broward County earlier this year.

Rona Kay, 35, died in February at a friend's home in Pembroke Pines from a 
combination of the narcotics methadone and hydrocodone and the tranquilizer 
diazepam one day after filling Luyao's prescriptions for the drugs, 
according to Broward medical examiner's records.

Luyao's attorney, Joel Hirshhorn, of Miami, said he thinks she is innocent. 
Hirshhorn said the doctor "assumed that her patients were being truthful" 
when they complained of pain.

"We believe the evidence will show that the prescriptions as issued were 
appropriate under the circumstances. It was in good faith and consistent 
with professional practice," said Hirschhorn.

"Dr. Luyao is saddened by the fact that patients passed away. She is very 
hurt and troubled by these allegations," he said.

Tom Bakkedahl, assistant state attorney, said prosecutors are continuing to 
gather information and documentation on two or three cases, but have ruled 
out filing charges in a number of the deaths because they might be 
difficult to get convictions.

"These four clearly indicate culpable, criminal behavior," he said.

Luyao is charged in the deaths of Julia Hartsfield, a 52-year-old Fort 
Pierce antiques dealer; Tina Smith, 27, of Vero Beach; Robert Gustaf, 40, 
of Jensen Beach, and Janice Byers, 40, of Vero Beach.

Hartsfield, treated for back pain, died in March 2001 from a concoction of 
pills, including methadone. Relatives allege in a civil lawsuit that Luyao 
failed to order medical tests to show a continued need for narcotics, or to 
warn against mixing the drugs.

They also said they asked Luyao to reduce the amount of drugs she 
prescribed for Hartsfield, but that the doctor prescribed 1,080 doses of 
drugs for her in a 42-day period.

Smith was found dead in a bathing suit on the living room floor of her Vero 
Beach home on July 13, 2001.

Byers died sitting at her desk at home Nov. 17, 2001. A prescription for 
OxyContin written by Luyao, filled a day before her death, was found at the 
scene, according to medical examiner's office documents.

Gustaf died from methadone toxicity with pneumonia on Oct. 29, 2001, 
records show. He was seeing Luyao for treatment of addiction to OxyContin.

Luyao first came under state scrutiny last December when state Medicaid 
fraud officials targeted her practice because of the large amount of 
OxyContin she had prescribed. She is free on a $455,000 bond pending trial.
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