A federal judge ruled Thursday that prosecutors are entitled to civil malpractice settlements in their criminal case against a Kansas physician whose clinic is linked to 56 overdose deaths, saying a defense claim that the settlements are not relevant “borders on the frivolous.”
In his order, U.S. District Judge Monti Belot refused to quash government subpoenas issued to attorneys in the civil cases filed against Dr. Stephen Schneider. The judge ordered that the subpoenas be complied with immediately.
The government contended there have been at least five malpractice settlement agreements between Schneider and plaintiffs. Prosecutors sought them as impeachment evidence, arguing the settlements could be relevant to the credibility of witnesses who testify at the criminal trial.
A 34-count federal indictment accuses Schneider and his wife, Linda, of directly causing four deaths and contributing to at least 11 others. The two are charged with conspiracy, unlawful distribution of a controlled substance resulting in death, health care fraud, illegal money transactions and money laundering. The couple have pleaded not guilty.
The doctor’s criminal attorney filed a motion last month to quash the subpoenas seeking information about the settlements, arguing the government was circumventing the criminal discovery process through civil litigation.
Defense attorney Larry Williamson also contended that the government abused its subpoena powers to cover up a malpractice attorney’s “blatant disregard” for confidentiality clauses.
WICHITA —
