Greensburg Doctor Pleaded Guilty in Drug Conspiracy

A Westmoreland County, PA based resident pleaded Guilty under Health Care Fraud. The doctor was accused of being a part of a drug conspiracy violating the Anti-Kickback Statute. The resident was found Guilty in a Conspiracy to Distribute two substances namely Phentermine Hydrochloride, and Diethylpropion. He was declared Guilty by the Acting U.S. Attorney Stephen R. Kaufman o Thursday, July 22.

The United States District Judge, William S. Stickman declared doctor, Thomas Whitten, 71, Guilty. As a part of the trial, it was found that between May 2013 to November 2015, Whitten schemed to secure kickbacks from the Insys Therapeutics. Insys is a pharmaceutical company housed in Arizona. Dr. Whitten was accused of conspiring with the company to unlawfully prescribe Subsys.

The drug is an aggressive opioid-based narcotic with a chemical composition displaying Fentanyl. The United States FDA previously approved the use of Subsys. The approval was granted solely for achieving breakthrough results in pain management persisting in cancer patients. This treatment methodology is followed only for the patients that have grown tolerant to the routine therapy for underlying cancer pain.

Whitten admitted to the activity of prescribing Subsys to patients who don’t show any particular health condition that requires Subsys. With no medical need for Subsys treatment these patients were not eligible to cover the drug under insurance reimbursement.Adding to this, Whitten also co-conspired with another suspect to illegally distribute the Schedule 4 substances, phentermine hydrochloride along with diethylpropion. These substances were given to patients from five weight loss clinics.