Temporary restraining order prohibits Florida pain clinic from distributing opioids

FLORIDA — A Tampa-area clinic, its operators, and a doctor are prohibited from administering, dispensing, or distributing any controlled substances, including issuing prescriptions for opioids, following the issuance of a temporary restraining order, the U.S. Department of Justice has announced.

According to the Department of Justice (DOJ), in a complaint filed on October 11 and unsealed on Oct. 14, the United States alleges that the individual defendants, Dr. Vivian Herrero, Christopher Ferguson, and Patricia Ferguson, used Phoenix Medical Management Care Centers Inc., a Tarpon Springs, Florida, pain clinic, to unlawfully issue controlled substance prescriptions in violation of the Controlled Substances Act.

The complaint alleges that two Phoenix patients died soon after receiving opioid prescriptions issued by Dr. Herrero and further alleges that drug toxicity played a role in those deaths.

“Medical clinics that facilitate the unlawful use of opioids and other controlled substances cannot continue to operate,” said Principal Deputy Assistant Attorney General Brian Boynton of the Justice Department’s Civil Division.

“The Department of Justice will use all available tools to stop the illegal distribution of potentially dangerous prescription drugs.”

The complaint alleges that the Fergusons operate Phoenix Medical, where Dr. Herrero, a licensed pediatrician, writes prescriptions for powerful opioids and other drugs without a legitimate medical basis and despite obvious signs of abuse or diversion.

The complaint further alleges that Phoenix operates with unqualified physicians and issues prescriptions to patients with only limited interaction or evaluation. According to the complaint, Christopher Ferguson was previously convicted on state drug trafficking charges, and he currently faces state extortion charges based on alleged conduct at Phoenix.

U.S. District Judge Steven Merryday granted the temporary restraining order in the U.S. District Court for the Middle District of Florida. The pending complaint seeks civil penalties as well as a permanent injunction against the defendants.

DEA’s Tactical Diversion Squad in the Tampa District Office is conducting the ongoing investigation. Assistant U.S. Attorneys Lindsay S. Griffin and Kelley Howard-Allen for the Middle District of Florida and Trial Attorneys Thomas S. Rosso and Scott B. Dahlquist of the Justice Department’s Consumer Protection Branch are handling the case.

The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.