BUFFALO, NY - There was a courtroom victory of sorts today for Dr. Eugene Gosy, the local pain management specialist facing a 114 count federal indictment.
U.S. Magistrate Judge Kenneth Schroeder agreed to change the terms of Gosy’s release, by issuing an order allowing Gosy to resume "limited participation" in the care of his patients, many of whom were left in a lurch following his arrest.
When he was charged, the Government and Gosy agreed that as a condition of his release, he could no longer prescribe certain controlled substances, specifically opioids, amid allegations he issued hundreds of thousands of prescriptions for them without proper review.
"He's still not allowed to prescribe controlled substances,” noted Assistant U.S. Attorney George Burgasser following the ruling. “His DEA registrations have been voluntarily surrendered by himself and that will remain in effect."
However Gosy will now be allowed to make “recommendations” for prescriptions, which would still then have to be approved by the physicians called in to supervise his practice.
While the government contended Gosy's alleged manner of prescribing made him a "danger to the community", his defense raised the argument that a greater community danger arose, when his many patients found themselves unable to get their medicine in a timely manner
“The danger to the community was doing nothing,” said Gosy’s attorney Joel Daniels.
If the conditions of bail were not changed and Dr. Gosy were not allowed a more expanded goal, then you’re gonna have ten thousand patients not treated,” Daniels said.
The judge agreed, citing: "the unanticipated fallout….that innocent patients would be affected…and I have to consider the danger to the community these restrictions created, which apparently the Government nor anyone else considered.”
Daniels says it was the doctors now supervising Gosy's practice, who urged that he be allowed to get back to his practice on at least a limited basis, lest they have no choice but to close the practice and leaving more patients in peril.
"In so many words, they said without Dr. Gosy there, and without his unique skills and experience, this practice will close. In fact, if we were not successful today, we anticipated going back and writing that 30 day (notice) letter and closing the office,” Daniels said.