Lawyer for Westmoreland County doctor says feds cherry picked prosecution, conviction
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The attorney for a Harrison City doctor convicted this week on charges he illegally distributed controlled substances said the government is “cherry picking” cases involving physicians who prescribe opioid painkillers.
“The manner in which the government is (prosecuting such cases) is like throwing darts blindfolded at a dartboard,” said Pittsburgh defense attorney Michael DeRiso. “This case demonstrates that.”
DeRiso represented Dr. Felix Brizuela Jr., who was indicted a year ago on 21 counts of distributing controlled substances outside the bounds of professional medical practice.
Brizuela, 61, a neurologist who lives in Harrison City, also was indicted on one count of conspiracy to distribute and 15 counts of illegal remuneration in violation of the federal anti-kickback statute. The latter alleged that he accepted financial kickbacks in exchange for directing urine samples for drug testing to a specific company.
Brizuela has offices in Connellsville and Morgantown, W.Va. He could not be reached for comment.
On Monday, following a seven-day trial in Clarksburg, W.Va., a federal jury convicted Brizuela on 15 of the original 37 counts. He was acquitted on counts involving the alleged kickback scheme and on six of 21 distribution charges.
“For the federal government to take 37 counts to trial and lose over half of them, I think that confirms … that this is a war on doctors,” DeRiso said. “And the federal government will do anything it can to overcharge doctors to force a plea.”
Brizuela was accused of distributing oxycodone, oxymorphone, fentanyl and other controlled substances illegally in Monongalia County, W.Va., from 2013-15. The alleged kickback scheme involved urine screens for Medicare and Medicaid patients that Brizuela sent to a company in Dallas, according to the U.S. Attorney’s Office.
Federal prosecutors said Brizuela kept prescribing the opioids to keep the financial scheme going.
Officials at the U.S. Attorney’s Office in Wheeling could not be reached for comment due to the federal government shutdown.
But DeRiso said the prescriptions were for real patients with legitimate neurological problems.
Brizuela got on the government’s radar screen because a patient’s mother and a pharmacy filed complaints with the Drug Enforcement Administration. A search warrant was executed in 2015.
“Four hundred patient files were taken from his office, and they chose five,” DeRiso said, noting that the DEA solicited patients and “got enough dirt” for an indictment.
“They’re cherry picking patients, cherry picking prescriptions and then cherry picking experts who are going to validate all of this,” he said. “I just think there’s got to be a better way to prosecute these cases, or at least screen them before the indictment process.”
DeRiso said there likely will be an appeal, though he will not serve as Brizuela’s attorney in that process.
Brizuela faces up to 20 years in prison and a fine of up to $250,000 for each of the distribution counts.
A separate trial is scheduled in April for the conspiracy charge. In that case, Brizuela, a second doctor and a business partner are accused of conspiring to distribute controlled substances from a drug treatment center, Advance Healthcare Inc., in Weirton, W.Va., from 2008-16, according to federal prosecutors.
Stephen Huba is a Tribune-Review staff writer. You can contact Stephen at 724-850-1280, shuba@tribweb.com or via Twitter @shuba_trib.