Pubdate: Fri, 28 Jun 2002
Source: Palm Beach Post, The (FL)
Copyright: 2002 The Palm Beach Post
Contact:  http://www.gopbi.com/partners/pbpost/
Details: http://www.mapinc.org/media/333
Author: Kathleen Chapman
Bookmark: http://www.mapinc.org/find?186 (Oxycontin)

SEVERAL FAMILIES SETTLE SUITS WITH DOCTOR

Some of the civil suits against suspended Port St. Lucie doctor Asuncion 
Luyao were settled out of court this week as families and former patients 
divided up payouts from her medical malpractice insurance.

Luyao's civil attorney, Barry Heisler, said 28 claims were made against the 
former doctor, who has been accused of prescribing dangerous narcotics from 
her former office on U.S. 1 without thorough examinations or medical 
justification.

As Luyao awaits criminal trial on charges of manslaughter, drug trafficking 
and racketeering, claimants have accused her of hooking them on 
prescription drugs or playing a role in the death of family members.

The families of Janice Byers and Tina Smith, whose deaths led to two of the 
four manslaughter charges against Luyao, settled their cases Wednesday, 
said attorney Philip DeBerard. Relatives of Julia Hartsfield, a third 
manslaughter case, had settled that case before this week. The fourth, the 
widow of Robert Gustaf Jr., settled Thursday, said attorney Jack Sobel.

The family of Joey Snyder, who committed suicide last year after a long 
struggle with addiction, also settled.

All lawyers involved said they could not disclose how much money went to 
each family. But court documents show that the claimants had to divvy up 
$750,000, the yearly limit of Luyao's malpractice insurance.

"Nobody got handsomely rich, but at least we feel we were treated with 
respect," Sobel said.

DeBerard said the money will help families cover expenses of raising the 
children left behind by their parents' drug-related deaths. The importance 
of the civil case to the families, DeBerard said, was symbolic: a message 
sent to other doctors that they must be extremely careful when prescribing 
potent painkillers like OxyContin. The real focus for the families of 
deceased patients is Luyao's criminal trial, tentatively scheduled for next 
spring.

"They weren't in it for the money. Only that it has come out what she was 
doing, and that she be prevented from doing the same thing in the future," 
DeBerard said.

Heisler said he could not comment on how many of the 28 claims settled. But 
the doctor's insurance has expired, he said, so there is no money left for 
anyone who has not yet filed a claim.
- ---
MAP posted-by: Beth