Pubdate: Fri, 23 Jan 2004
Source: Erie Times-News (PA)
Copyright: 2004 Erie Times-News
Contact:  http://www.goerie.com/
Details: http://www.mapinc.org/media/1347
Author: Lisa Thompson
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

DOCTOR TURNS IN LICENSE

An Erie physician accused in a patient's overdose won't be writing any more 
prescriptions for narcotics or other controlled substances.

David. A. Klees, D.O. agreed Thursday to surrender his Drug Enforcement 
Agency license to write prescriptions for controlled substances and refrain 
from prescribing controlled substances pending the resolution of his 
criminal case, Senior Deputy Attorney General Douglas Wright said.

In exchange, prosecutors agreed to have Klees' bond reduced from $50,000 
cash to 10 percent of $25,000. Klees, 46, was released from the Erie County 
Prison after he posted the money Thursday morning.

The agreement was reached as Klees appeared before District Justice John 
Vendetti in Erie County Central Court to waive his preliminary hearing on a 
count of involuntary manslaughter and 11 other charges.

Erie police and state drug agents on Jan. 8 arrested Klees, 46, charging 
that his recklessness or negligence in writing an ?illegal prescription 
helped cause the death of 40-year-old Erie resident Sherry Lee Ziroli. She 
died May 17 of an accidental overdose of painkillers other than OxyContin.

Police also allege Klees wrote illegal prescriptions, including those for 
the highly addictive OxyContin, to 11 other patients. They said he wrote 
the prescriptions without first ordering tests or suggesting alternatives 
to painkillers, and that he continued to prescribe painkillers even when he 
knew the patients were already addicted to the drugs, according to arrest 
records.

The case is believed to be the first of its kind in Erie County involving a 
physician, though the state Attorney General's Office is pursuing similar 
cases throughout Pennsylvania.

Investigators said they found no evidence that Klees received large-scale 
financial benefits from what the police believe are the illegal prescriptions.

Investigators also have no evidence that Klees was using the drugs himself, 
Wright has said. Klees is a family practitioner who had been affiliated 
with the now-bankrupt MetroHealth Medical/Osteopathic Hospital. He still 
has a license to practice medicine.

A tip from a pharmacist at an Erie Rite Aid store helped launch the 
investigation.

"This was an extremely serious violation. It would compound this violation 
beyond belief if he would attempt to prescribe controlled substances with 
that license suspended," Wright said. He is prosecuting the case along with 
the Erie County District Attorney's Office.

Following Klees' arrest, some of his patients complained they had been 
unable to retrieve their medical records from the physician since he closed 
his medical office at 217 W. 11th St. in September.

Klees' lawyer, John Mir, said Klees' release means he will be able to 
deliver those records to his patients.

"We want to make sure they get to those patients' hands," he said.

Both sides said it is too early to predict whether the case will be 
resolved by a plea agreement.

"We're going to spend some time reviewing the Commonwealth's evidence, of 
course," Mir said.

In a related action Thursday, a lawyer representing Klees in a medical 
malpractice lawsuit stemming from a patient's death in 2000, petitioned the 
court for a change of venue in the case.

John Heisey of Pittsburgh said it will be impossible for Klees to get a 
fair trial in Erie County because of publicity surrounding Klees' criminal 
case.

Robert Quinn, the father of the late Joseph Quinn, sued Klees and Metro 
Health Center, Jonathan Spaulding and Frank Fatica in 2002.

He said his son, Joseph Quinn, died after the defendants failed to diagnose 
meningitis during repeat trips to the emergency room in Dec. 8 through Dec. 
10, 2000.
- ---
MAP posted-by: Jay Bergstrom