Dr.Todd Abel Neuroligical Assocates PC review: prescription error coverup 1

(the statement attached is a recount of the events and taken from a letter written to the Tennessee Department of Health in Nashville, TN)

To whom it may concern;
Prior to reading the following scenario and complaint, I’d like to introduce myself as 44 year-old Lisa Cunningham of Maryville, TN. Recently my life was rattled with an act of malice that has not only monetarily cost well over five thousand dollar’s, it’s affected my ability to concentrate in my culinary education as well as my day-to-day life task. You will read of a complete act of malice from a physician and his assistant who intentionally implicated their patient to elevate any potential repercussions from state or federal healthcare boards of law enforcement. Through court testimony, I and my and council are convinced the physician left a pre-singed script pad with the office allowing the technician the ability to write the controlled substance script that is riddled with errors. Thank you in advance for sincerely considering action in my case.

On June 28, 2011, Dr. Todd Abel with Neurosurgical Associates PC, 1932 Alcoa Hwy Ste. 255 Knoxville, TN 37920 performed an anterior cervical discectomy and fusion on my neck. Shortly after the surgery, my husband contacted Dr. Abel’s office asking for a solution to the severe pain I was having. The assistant that had been managing my after care was named April Ensley in which he asked to speak. My husband explained to her the symptoms and the level of pain and Ms. Ensley asked if I was able to speak. My husband handed the phone to me and Ms. Ensley proceeded to inquire about my symptoms and how severe the pain was in my neck. During our discussion, Ms. Ensley instructed me that I would have to come to her office to pick up the script advising me it was not possible for her to “call in” a narcotic. My husband could not make the 20 mile drive to their office to pick up the script for he was scheduled for a flight to our out of state business. Shortly after Ms. Ensley telling me that I would need to pick it up I arrived at their office. The receptionist greeted me and I told her that I had a script there. The receptionist retrieved an envelope from a cabinet asked if that was mine. It clearly had the name Lisa Cunningham written on the envelope. The desk clerk asked for my drivers’ license to make a copy. She took both the envelope and my license to the copier located toward the back of the room. I received the envelope from her and drove to Wal-Mart pharmacy (Wal-Mart RX, Alcoa, TN). I gave the prescription to the lady at the drop off window and waited for a few minutes as she took it over to another counter. She told me it would be approximately 40 minutes until the script would be filled and I chose to wait and proceeded to sit down on the bench adjacent to the pharmacy. Within minutes after sitting down, my name was paged back to the pharmacy. When I approached the window the technician “shoved” the script back to me in a rude fashion and told me they couldn’t fill it because it had been “marked on”. Her half attempt to explain why the pharmacy could not fill the script combined with my severe pain didn’t help the confrontational scenario. I was immediately accused of “altering the script” Our exchange of harsh words, the fact I had to drive 40 miles round trip just to find out it was in vain, quickly escalated into a war of words between the two of us. I became angry and wrinkled up the script with my hands. I immediately contacted Dr. Abel’s office and asked speak to Ms. Ensley. I was told she was on her way out of the office. I was quite demanding in my request to speak to someone who could immediately address what had just taken place at the Wal-Mart pharmacy. Ms.Enlsey eventually took my call. I explained to her what happened at the pharmacy and asked her if she could call them and verify the script. She responed with a firm “NO, I won’t call the pharmacy” and proceeded to tell me that I would need to return to her office for a “new” script. Our conversation quickly became confrontational after voicing my opinion “anyone in the medical profession should have known better than to issue a script with this many errors” Her position grew more defensive which almost grew to a yell when she said, “I wrote it, I do it all the time and they always verify them for me, they must have a new pharmacist on staff”. We discussed what my options were at this point and I decided not to return to the office to get another prescription at her request. I was simply in to much pain to make another 40 mile roundtrip trek to their office not to mention the anguish I had just experienced at the pharmacy. On August 4th I had a follow-up visit with Dr. Abel. We discussed physical therapy and when I could resume normal activities. I wasn’t experiencing much pain at that time so I didn’t request anything during my visit. Later that evening when I returned home, two gentleman approached my home, introducing themselves as being investigators with the 5th Judicial Task Force. They were investigating prescription fraud and asked if I recognized the prescription. I looked at the copy they handed me and agreed that it was the one I took to Wal-Mart Pharmacy. We spoke for a few minutes then the investigator advised me “I didn’t have to talk to him if I didn’t want to”. Taking his advice and quite frankly watching court related TV shows over the years, I chose not to comment for I wasn’t sure what could be held against me. I was quite polite and advised the officer that it was in my best interest not comment. Approximately 1 week later he came back to my house and informed me he had a warrant for my arrest. The arresting officer advised me I could turn myself in to the local justice center in lieu of arresting me on the spot. . I immediately contacted an attorney and discussed what had just taken place. He advised me to arrive at his office early the next morning and we would go together to turn myself in. I was arrested and charged with prescription fraud on August 19, 2011. That day I was placed on pre-trial probation, assigned a probation officer and had to attend weekly visits. Each week I attended the scheduled visits and paid a fee for each time. In addition to the visits I had to adhere to restrictions that limited my travel for business and a curfew that required me to be home by 10:00 pm and not to leave my house before 6:00 am. I had to get permission to spend the night with my parents who are ill and were accustomed to my overnight stays and visits. From that day forward, my mental state was effected for I had was constantly worried with the threat of being wrongly convicted of a crime that I adamantly did not comment. I had no previous criminal record and quite frankly, the thoughts of ever committing a crime isn’t in my persona. My husband and I own and operate a very successful NY based business, pay our taxes, contribute to charitable organizations. Neither one of us drink or smoke much less use street or prescription drugs. This was simply appalling to me.

The months passed, filled with postponed hearings, mounting expenses, and restrictions on my personal life and hours of conduction my own investigation. My husband and I went as far as to hire a private forensic laboratory to perform a chemical analysis of the ink to verify the all inks on the script were the same chemical compound. That test came back as positive. In other words, the chemist determined all inks were of the same chemical compound. Finally, on February 8, 2011 my pre-trial hearing took place. As the day unfolded, testimonies from the technician at the pharmacy, Dr. Abel and Ms. Ensley revealed the carelessness of the assistant at Dr. Abel’s office. Ms. Ensley admitted to making all of the mistakes on the prescription with the exception of the two that incriminated me. She readily admitted that two of the three areas that had heavy overwriting were because of the ink pens they used in the office, but when question about the one overwriting that I was accused of making, she denied that one. When questioned on the procedures of where the prescription pads we kept Ms. Ensley replied, in different places throughout the office. Dr. Abel admitted he was in surgery at the time all this took place but said he came out of surgery to sign the prescription. Later he and Ms. Ensley couldn’t remember where he was or wasn’t when he signed the script. He wasn’t sure if he went over to the office or if he was outside the surgery room. Dr. Abel and Ms. Ensley both had a lot of I don’t remember or that was an oversight when questioned about the multitude of errors on the prescription. In addition to the errors, when Ms. Ensley was asked why the DEA number was not on the prescription she replied that they don’t like to put it on there because people try to copy them. And, when asked if it was required to be on the prescription she responded that she wasn’t sure if it was required to be on there or not. After all the evidence was presented, the judge agreed that all three of the over writings appeared to be of the same ink and writing and dismissed the case.

It’s a incomprehensible relief the judge recognized the errors and favored with a defendant. After experiencing the judicial system and understanding the cesspool of cases these court officials experience on a daily basis, I can somewhat understand how they become blasé’ to think anyone might be innocent. After the courts decision, the accusing parties including the state, Wal-Mart, Dr. Able and his assistant are able to return to their normal lives with no emotional distress or monetary loss. I’m left with months of mental stress, falsely imprisoned, well over $5000, 00 in out of pocket cost over a blatant act of malice. I implore your office to act on this complaint. I’m fortunate to the judge saw the truth in the case. I’m also fortunate to have the resources to hire private council to protect my rights. Anyone of less means or less representation could have easily been convicted.
Thank you in advance for your time.
Lisa S. Cunningham
Maryville, TN 37803
[protected]

View 0 more photos