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Update on bismuth injecting Lyme doctor

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Update on bismuth injecting Lyme doctor

Postby rlstanley » Tue 9 Dec 2008 18:18

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http://cjonline.com/stories/120608/loc_364328990.shtml

Former doctor John Toth faces federal case
By Steve Fry
The Capital-Journal
Published Saturday, December 06, 2008

A former Topeka physician already serving time in the death of a patient has been indicted on 13 federal counts tied to selling medical equipment and drug treatments for a nonexistent epidemic of Lyme disease, authorities announced Friday.

Imprisoned physician John R. Toth, as well as Robert W. Bradford, 77, and Brigitte G. Byrd, 63, both of Chula Vista, Calif., are charged in a 25-count indictment with violating the federal Food, Drug and Cosmetic Act. The indictment charges the three with conspiring to sell a microscope that allegedly would diagnose Lyme disease and drugs that would treat it, the U.S. Attorney's Office said.

C.R.B. Inc., of Chula Vista, Calif., doing business as American Biologics, also was indicted.

Toth, 59, of Topeka, was sentenced to 32 months in state prison in March after he pleaded no contest in November 2007 to a reduced charge of reckless involuntary manslaughter in the April 20, 2006, death of a patient, Beverly A. Wunder, 47, of Topeka.

Toth, who surrendered his medical license in January 2008, originally faced a charge of reckless second-degree murder after he treated Wunder for Lyme disease with a substance not approved by the U.S. Food and Drug Administration.

"It makes me feel bad for him because he's been through hell," Topeka attorney Mark Bennett said Friday of the federal charges. Bennett represented Toth in the Shawnee County case.

As of Friday, Bennett wasn't representing Toth in the federal case. Bennett said he assumed the federal district court would appoint an attorney to defend Toth.

"Mr. Toth is destitute," Bennett said. It is possible the court could appoint him to represent Toth, Bennett said.

Toth's initial appearance in federal court will be Jan. 13, said Jim Cross, spokesman for the U.S. Attorney's Office. U.S. Magistrate Judge David Waxse will preside at the Robert J. Dole U.S. Courthouse in Kansas City, Kan. Bradford and Byrd each will be issued a summons to appear at the hearing, Cross said.

In that hearing, charges will be read to the defendants, each will plead not guilty and each will say whether he or she has an attorney.

Cross said the U.S. Attorney's Office hadn't recommended what bond Bradford and Byrd should post.

Toth is serving his state sentence at the Ellsworth Correctional Facility.

When Toth was sentenced, Shawnee County District Attorney Robert Hecht said part of the purpose of the case was to obtain as much information as possible from Toth for the FDA on an ongoing investigation in Colorado, California and the Southwest "similar to the present case."

Wunder and a second patient, who also was treated for Lyme disease but recovered, received intravenous infusions of a "heavy metal" known as bismuth, an "unauthorized, inappropriate and professionally unrecognized" treatment by the medical profession that isn't sanctioned by the FDA, Hecht said. Wunder became ill on April 18, 2005, then died a year and two days later.

District Judge Jan Leuenberger rejected placing Toth on probation, saying he didn't operate his medical practice with care, manipulated his patients and acted recklessly with gross disregard for Wunder.



See the thread "Bismuth injecting Lyme doctor goes to prison" for background: viewtopic.php?f=12&p=6149

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rlstanley
 
Posts: 1637
Joined: Mon 3 Dec 2007 3:53

Re: Update on bismuth injecting Lyme doctor

Postby rlstanley » Sat 24 Jan 2009 2:49

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http://www.cjonline.com/stories/011409/ ... 3154.shtml

Former doctor has first hearing
By James Carlson
The Capital-Journal

Published Wednesday, January 14, 2009

A former Topeka physician had his first hearing Tuesday in a Kansas City, Kan., federal courtroom on 13 counts connected with selling medical equipment and drug treatments for a nonexistent Lyme disease epidemic.

John R. Toth, who is serving time for the death of a patient, is facing federal charges of conspiring to sell a microscope that allegedly would diagnose Lyme disease and drugs that would treat it.

No date was set for future court dates, said Jim Cross, spokesman for the U.S. Attorney's Office.

Robert W. Bradford, 77, and Brigitte G. Byrd, 63, both of Chula Vista, Calif., also are charged in the 25-count indictment of violating the federal Food, Drug and Cosmetic Act.

In March, Toth, 59, was sentenced to 32 months in state prison after pleading no contest in November 2007 to a reduced charge of reckless involuntary manslaughter in the April 20, 2006, death of a patient, Beverly A. Wunder, 47, of Topeka.

Toth, who surrendered his medical license in January 2008, originally faced a charge of reckless second-degree murder after he treated Wunder for Lyme disease with a substance not approved by the U.S. Food and Drug Administration.

The current federal case will be heard before Chief Judge Kathryn H. Vratil.



For background info see: viewtopic.php?f=12&p=6149

and viewtopic.php?f=12&t=2125
.
rlstanley
 
Posts: 1637
Joined: Mon 3 Dec 2007 3:53

Re: Update on bismuth injecting Lyme doctor

Postby rlstanley » Thu 28 Oct 2010 4:32

http://kansascitykansan.com/blogs/docto ... -cure/8855

Doctor pleads guilty for creating fake disease cure

Posted by on October 26, 2010 - 10:45am

U.S. Department of Justice

KANSAS CITY, KAN. – A Kansas physician has pleaded guilty to participating in a fraudulent scheme to sell medical equipment and drug treatments for a nonexistent epidemic of Lyme disease, U.S. Attorney Barry Grissom said today.

John R. Toth, 61, Topeka, Kan., pleaded guilty to one count of conspiracy to commit mail fraud, introduce misbranded drugs into interstate commerce, receive misbranded drugs in interstate commerce and introduce adulterated or misbranded medical devices into interstate commerce.

In his plea, Toth admitted that beginning in September 2001, co-defendants CRB, Inc., doing business as American Biologics, Robert W. Bradford, Brigitte G. Byrd, Carole Bradford and others developed a strategy for marketing a medical device and drugs to diagnose and treat Lyme disease, which they claimed was the underlying cause of many illnesses the medical community was failing to address.

The marketing plan promoted a false “epidemic” of Lyme disease in order to create demand for a microscope the co-defendants manufactured and claimed could diagnose the disease and for drugs they claimed could cure the disease. Neither the medical device nor the drugs was reviewed or approved by the Food and Drug Administration.

Toth distributed various drugs prepared by the conspirators including Bismacine, Dioxychlor, Sulfoxime and Bio-Rizin to his patients. Because he knew that health care benefit programs would not pay for the Lyme disease treatment, he established Alternative Therapies Health Association to bill patients for the treatment.

He charged patients for the use of the Bradford Microscope and intravenous injection of drugs. As a result of such treatment, one patient in Kansas experienced renal failure and another patient in Kansas lapsed into a coma and died.

Toth is set for sentencing Jan. 18, 2011. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. He agreed to pay a money judgment of $30,000.

Co defendants are:

Robert W. Bradford, who pleaded guilty and is set for sentencing Dec. 14, 2010.

Carole E. Bradford, who pleaded guilty and is set for sentencing Jan. 18, 2011.

Brigitte G. Byrd, who pleaded guilty and is set for sentencing Jan. 18, 2011.

CRB, Inc., dba American Biologics, which pleaded guilty and is set for sentencing Jan. 18, 2011.

Grissom commended the Food and Drug Administration – Office of Criminal Investigation, Assistant U.S. Attorney Scott Rask and John Claud, trial attorney with the Department of Justice’s Office of Consumer Litigation for their work on the case.
rlstanley
 
Posts: 1637
Joined: Mon 3 Dec 2007 3:53

Re: Update on bismuth injecting Lyme doctor

Postby rlstanley » Fri 29 Oct 2010 19:04

http://cjonline.com/news/state/2010-10- ... d_of_fraud

Ex-physician convicted of fraud

By Steve Fry
Created October 26, 2010 at 10:25am
Updated October 26, 2010 at 11:31pm

A former Kansas physician, who pleaded no contest to manslaughter in 2007 in a Kansas district court tied to the death of a patient, has pleaded guilty in U.S. District Court to taking part in a fraudulent scheme to sell medical equipment and drug treatments for a nonexistent epidemic of Lyme disease, the U.S. Attorney's office said Tuesday.

John R. Toth, 61, pleaded guilty to a federal count of conspiracy to commit mail fraud, introduce misbranded drugs into interstate commerce, receive misbranded drugs in interstate commerce, and introduce adulterated or misbranded medical devices into interstate commerce, U.S. Attrorney Barry Grissom said Tuesday. Toth, who had been scheduled to to go on trial on Nov. 1, made the plea Monday in a Kansas City, Kan., courtroom.

Toth formerly lived in Topeka but now lives in Lawrence.

Toth is to be sentenced in Kansas City, Kan., on Jan. 18 by District Judge Kathryn Vratil. Toth faces a maximum penalty of five years in federal prison and a fine up to $250,000. He agreed to pay a money judgment of $30,000.

In Shawnee County District Court, Toth was sentenced to 32 months in state prison in March 2008 after he pleaded no contest in November 2007 to a reduced charge of reckless involuntary manslaughter in the April 20, 2006, death of a patient, Beverly A. Wunder, 47, of Topeka.

Toth served 26 months before he was released from a Kansas prison on July 2 and placed on parole in Douglas County, Bill Miskell, Kansas Department of Corrections spokesman, said.

When Toth was released from state prison in July, he remained free after he was placed on an unsecured bond of $25,000 in connection with the federal case, according to U.S. District Court records.

Toth, who surrendered his medical license in January 2008, originally faced a charge of reckless second-degree murder in Shawnee County District Court after he treated Wunder for Lyme disease with a substance not approved by the U.S. Food and Drug Administration.

In his plea to the federal charge, Toth admitted that beginning in September 2001, co-defendants CRB, Inc., doing business as American Biologics, Robert W. Bradford, Brigitte G. Byrd, Carole Bradford and others developed a strategy for marketing a medical device and drugs to diagnose and treat Lyme disease, which they claimed was the underlying cause of many illnesses the medical community was failing to address.

The marketing plan promoted a false "epidemic" of Lyme disease in order to create demand for a microscope the co-defendants manufactured and alleged could diagnose the disease and for drugs they claimed could cure the disease, Grissom said.

Neither the medical device nor the drugs was reviewed or approved by the Food and Drug Administration, Grissom said.

Toth distributed various drugs prepared by the conspirators including Bismacine, Dioxychlor, Sulfoxime and Bio-Rizin to his patients. Because he knew that health care benefit programs would not pay for the Lyme disease treatment, he established Alternative Therapies Health Association to bill patients for the treatment.

Toth charged patients for the use of the Bradford Microscope and intravenous injection of drugs. As a result of such treatment, one patient in Kansas experienced renal failure, and Wunder lapsed into a coma and died.

Co-defendants Robert Bradford, Carole Bradford, Brigitte Byrd and American Biologics, have pleaded guilty. Robert Bradford is to be sentenced on Dec. 14, and Carole Bradford, Brigitte Byrd and the company are to be sentenced on Jan. 18.

Grissom commended the Food and Drug Administration — Office of Criminal Investigation, assistant U.S. Attorney Scott Rask, and John Claud, trial attorney with the Department of Justice's Office of Consumer Litigation, for their work on the case.
rlstanley
 
Posts: 1637
Joined: Mon 3 Dec 2007 3:53

Re: Update on bismuth injecting Lyme doctor

Postby rlstanley » Thu 10 Feb 2011 1:03

http://cjonline.com/news/local/2011-02- ... ime-served

Feds sentence Toth to time served
February 9, 2011

KANSAS CITY, Kan — A Topeka doctor who already has spent two years in a state prision has been sentenced to time served after pleading guilty to federal charges stemming from his part in a scheme to sell a phony system to diagnose and cure Lyme disease.

U.S. Attorney Barry Grissom said Wednesday that 61-year-old John Toth of Topeka was also sentenced to two years supervised released and fined $25,100.

Toth has already served 26 months in prison after pleading no contest to state manslaughter charges in 2007 after the death of a patient. He was released in 2010.

In the federal case, Toth admitted in October that he and three co-defendants began selling a microscope they said could diagnose Lyme disease. They also promoted a drug treatment plan they claimed could cure the disease.

In his plea, Toth said the scheme began in September 2001 when he and co-defendants connected with a company that operated under the name American Biologics. Prosecutors said they developed a strategy for marketing a medical device and drugs to diagnose and treat Lyme disease, which they claimed was the underlying cause of many illnesses the medical community was failing to address.

The marketing plan promoted a false “epidemic” of Lyme disease in order to create demand for the microscope the co-defendants manufactured and claimed could diagnose the disease, and for drugs they claimed could cure the disease. Neither the medical device nor the drugs was reviewed or approved by the Food and Drug Administration.


For background info see: viewtopic.php?f=12&p=6149

and viewtopic.php?f=12&t=2125
rlstanley
 
Posts: 1637
Joined: Mon 3 Dec 2007 3:53


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