Pubdate: Thu, 20 May 2004 Source: San Francisco Chronicle (CA) Copyright: 2004 Hearst Communications Inc. Contact: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Carl T. Hall, Chronicle Science Writer Bookmark: http://www.mapinc.org/find?232 (Chronic Pain) JURY ACQUITS DOCTOR IN PAIN-CONTROL TEST CASE A Shasta County physician who once faced multiple counts of murder and other felonies as part of an alleged drug-dealing conspiracy was found not guilty late Tuesday of the remaining charges against him, ending a high-profile case seen as a test of the ability of doctors to treat patients with chronic pain. Dr. Frank B. Fisher, 50, was acquitted of charges that he had defrauded the state Medi-Cal system -- the only criminal charges that hadn't already been dropped -- by a Shasta County Superior Court jury after a two-week trial in Redding. "I feel a profound sense of relief," Fisher said. The Fisher case is one of the first and most ambitious prosecutions in the country involving doctors accused of over-prescribing pain medications. Pain-control advocates view such prosecutions as a misguided war on legitimate drug use; authorities insist they have a problem only with physicians who knowingly dispense potent narcotics to people who don't really need them. Authorities shut down Fisher's Westwood Walk-In Clinic in February 1999 and took him and the pharmacists, Stephen and Madeline Miller, to jail in handcuffs. State Attorney General Bill Lockyer said at the time that Fisher and the Millers had joined in "a highly sophisticated drug-dealing operation" that caused the overdose deaths of at least three people, got hundreds of others hooked on narcotics and bilked Medi-Cal out of about $2 million. A spokeswoman for the attorney general's office declined to comment Wednesday. But Fisher, an East Bay native who earned his medical degree at Harvard University in 1981, never seemed to fit the mold of mass murderer and dope peddler. Fisher has maintained throughout his legal ordeal that he was singled out by prosecutors because he was one of the few doctors brave enough to prescribe high doses of narcotics, including the controversial prescription painkiller OxyContin, to low-income pain sufferers despite the scrutiny of drug-enforcement authorities. Many of his patients in the Redding community have had trouble finding another physician willing to write those prescriptions. Fisher says this has had devastating consequences. "The part of this story that's always missing is the suffering of the patients I was treating," he said during a telephone interview Wednesday. "For my patients, my arrest was an unmitigated disaster. Many of them survived, but many of them not well. A lot of them look like they've aged 20 years." Fisher spent five months in jail. His bank account was seized, and he wound up moving back in with his parents in El Cerrito to save rent. Fisher says he is broke now but hopes to regain his property along with his reputation and medical practice. However, he still faces a complaint before the state Medical Board tied to the criminal accusations, and for now he is unable to practice medicine. He also faces civil suits brought by relatives of patients who died as a result of his allegedly negligent prescribing practices. Besides the three deaths with which he was initially charged, Fisher was charged with two other murder counts after his arrest and implicated in four additional deaths. But prosecutors came up with little evidence to support the most serious charges. In one case, for instance, Fisher was accused of causing the overdose death of a woman who actually had died of injuries sustained while riding in a vehicle that crashed. Another person succumbed to drugs apparently purchased from street sources after Fisher refused to write him a prescription. A Shasta County judge dismissed two of the murder counts and downgraded three others to involuntary manslaughter in July 1999. Charges against the Millers were dropped last year, when prosecutors also quietly withdrew their most serious remaining allegations against Fisher. New felony charges were brought against Fisher, however, alleging that he had filed fraudulent claims for Medi-Cal reimbursement. Superior Court Judge Bradley Boeckman, who presided over the case in Redding, reduced the remaining felonies to misdemeanors. Fisher claims the alleged overbilling amounted to about $150. Now, advocates of effective treatment for chronic pain are portraying Fisher as a hero. He is one of about 100 doctors around the country said to be victims of overzealous drug enforcement that has made it more difficult for pain sufferers to obtain the medicine they need. An organization of pain sufferers and advocates called the Pain Relief Network issued a news release Wednesday condemning Lockyer for what the group characterized as a historic blunder. Siobhan Reynolds, executive director, said the group was pushing for a state and congressional review of the Fisher case along with several other prosecutions involving pain treatment. Reynolds said the organization also intended to sue on behalf of patients denied adequate pain relief. People can suffer from chronic pain for a variety of reasons, whether it's a failed back surgery, a car accident or some unknown cause. Frequently, patients unable to get adequate treatment find themselves in a downward spiral, unable to perform routine tasks, losing their jobs and ending their marriages. - --- MAP posted-by: Richard Lake