Sandusky physician faces charges for overprescribing

Apr. 22—A Sandusky pain-management doctor already targeted by a federal civil lawsuit claiming he overprescribed painkillers and other drugs — in some cases in exchange for money — has now been criminally indicted in U.S. District Court in Toledo.

Gregory Gerber, 55, the sole physician in his Sandusky office, pleaded not guilty during an initial appearance Wednesday to 51 counts of distribution of controlled substances and two counts of healthcare fraud. He was released on a $100,000 unsecured bond with the condition that he is forbidden to prescribe any controlled substances.

Dr. Gerber specializes in physical medicine, rehabilitation, and anesthesiology with a sub-specialty in pain management, according to the indictment. Federal prosecutors claim Dr. Gerber issued 51 prescriptions without legitimate medical purpose to seven patients listed in the indictment between 2016 and 2018.

John Gibbons, Dr. Gerber's lawyer, did not respond to a request for comment Thursday.

The allegedly overprescribed drugs included such painkillers as oxycodone, hydrocodone, morphine, and fentanyl; anxiety medications including diazepam, clonazepam, lorazepam, and alprazolam; dronabinol, a cannabinoid used to treat nausea caused by chemotherapy, and vomiting; and muscle relaxers like carisoprodol.

The doctor allegedly used false diagnoses to prescribe controlled substances; increased prescription dosages and durations without evidence of efficacy, and ignored signs of patient addiction and drug abuse, court documents show.

Dr. Gerber also accepted kickbacks from Insys Therapeutics, Inc., in the form of speaker fees to promote a powerful opioid for cancer pain, the indictment alleges.

He allegedly conducted at least 83 speaking engagements promoting Subsys for which he received about $175,000 from Insys, prosecutors say, and also wrote unnecessary prescriptions for Subsys, a brand name for fentanyl given to cancer patients who already receive and who are tolerant to around-the-clock opioid therapy.

Dr. Gerber was previously named in a five-count federal civil lawsuit from 2018 accusing him of unlawfully prescribing controlled substances, presenting false claims, and receiving payment for illegitimate medical purposes. That case is pending.

First Published April 22, 2021, 10:25am