Oncology Patients v Hueser, et al
Family Sues Oncologist for Administering Diluted Chemotherapy Drugs
A lawsuit filed in Boone County Circuit Court claims that former oncologist James Hueser and 22 physicians shortchanged patients by administering diluted or tainted chemotherapy drugs and charging full price. The former oncologist recently surrendered his license and paid a $1 million fine stemming from accusations of Medicare fraud. The lawsuit seeks class action status and was filed on behalf of Ron Merchant. Hueser treated Merchant's wife, Artie Jean Merchant, who died in 2003 of non-Hodgkin's lymphoma, said an attorney handling the case.
In the class action lawsuit, any former patient who received treatment from any of the defendants and didn't get what he or she paid for can be part of the settlement or judgment.
The lawsuit seeks compensatory damages for overbillings and punitive damages to "deter future wrongful conduct" by the defendants. The lawsuit also alleges fraud, breach of contract and civil conspiracy.
The list of defendants includes an affiliated company, Medical Network Technologies LLC, and former associates of Hueser in the Boone Clinic medical partnership.
The U.S. Department of Health and Human Services launched an investigation into Hueser's medical practice in late 2001 after nurses in Kirksville reported that opened vials of chemotherapy drugs were stored for later use, contrary to manufacturer directions and prescribing guidelines.
The investigation revealed that between at least February 1999 and December 2001, Hueser "routinely billed Medicare for larger doses than were actually given to the patients," according to an affidavit filed by investigator Daniel Coney. In November, Hueser and federal officials reached a settlement in connection with the overbilling of Medicare patients.
Hueser, who was based at Boone Clinic, also practiced at Bothwell Regional Health Center in Sedalia and had "traveling oncology units" in Hermann, Hannibal and Kirksville, all located in Missouri.
