U.S. Attorney's Office
Western District of Kentucky
(502) 582-5911
January 21, 2015

Kentuckiana Physician Charged with Prescribing Pain Medications That Resulted in the Deaths of Five Patients

LOUISVILLE, KY—A Kentuckiana physician was charged today by a federal grand jury with prescribing pain medications that resulted in the deaths of five patients, health care fraud, and unlawful distribution or dispensing of controlled substances announce Acting United States Attorney John E. Kuhn, Jr. Jaime Guerrero, age 47, a medical physician with offices in Louisville, Kentucky, and Jeffersonville, Indiana, was charged in a 32 count indictment today with unlawfully dispensing pain medications to 30 patients, without a legitimate medical purpose and beyond the bounds of professional medical practice. Beginning in December, 2009, and continuing through May 2014, Guerrero allegedly prescribed pain medications that resulted in the deaths of five patients.

The indictment charges Guerrero with dispensing Oxycodone, a schedule II controlled substance, to K.J., between June 6, 2011, through August 25, 2011, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in K.J.’s death on or about August 29, 2011. That Guerrero intentionally distributed and dispensed, Methadone, a schedule II controlled substance, to D.N., between December 15, 2009, through April 1, 2010, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in D.N.’s death on or about April 5, 2011. That Guerrero knowingly and intentionally distributed and dispensed, Oxycodone, to R.S., between December 10, 2009, through February 9, 2010, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in R.S.’s death on or about February 18, 2010. That Guerrero dispensed Oxycodone, to P.F. December 28, 2009, and continuing through February 20, 2012, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in P.F.’s death on or about March 3, 2012. That Guerrero knowingly and intentionally distributed and dispensed, Hydrocodone, a schedule III controlled substance, to S.O., between January 6, 2010, and continuing through September 16, 2011, without a legitimate medical purpose and beyond the bounds of professional medical practice, which resulted in S.O.’s death on or about September 24, 2011.

Guerrero is further charged with two counts of health care fraud for allegedly fraudulently billing various health care benefit programs and for submitting fraudulent claims for patient health care counseling. Specifically, on May 26, 2011, June 15, 2011, and June 22, 2011, Guerrero allegedly saw more than 100 patients on each of the dates, by himself, and spent approximately 3 minutes or less with each patient, and fraudulently billed various health care benefit programs, for office visits at a higher code than the service provided. And for directing a staff member, who was not a licensed counselor, to provide drug education classes to patients, and falsely and fraudulently, bill various health care benefit programs, by submitting claims for 15-30 minute counseling sessions while the defendant was out of the office.

If convicted at trial, Guerrero faces up to life in prison, a $2,750,000 fine and a three year period of supervised release.

This case is being prosecuted by Assistant United States Attorneys Joseph Ansari and Lettricea Jefferson-Webb and is being investigated by the Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the U.S. Drug Enforcement Administration (DEA), Indiana and Kentucky Medicare Fraud Control Units, the Kentucky State Police (KSP) and Louisville Metro Police Department (LMPD).

The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.

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