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Home/Legal & Regulatory and Reimbursement/Jury Convicts “Breaking Bad” Spine Surgeon
Legal & Regulatory and Reimbursement

Jury Convicts “Breaking Bad” Spine Surgeon

May 9, 2018 2 min read Premium comments

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Jury Convicts “Breaking Bad” Spine Surgeon
Johnny Clyde Benjamin Jr., M.D. / Courtesy of Indian River County Sheriff’s Office and RRY Publications, LLC
Secondary#fentanyldeath#johnnyclydebenjaminjr

“Breaking Bad” spine surgeon Johnny Clyde Benjamin, M.D., is going to spend a minimum of 20 years behind bars after being convicted over the 2016 fentanyl overdose death of his patient, Margaret “Maggie” Crowley.

He was convicted April 27, 2018 by a federal jury in Fort Lauderdale of conspiracy to possess with intent to distribute the narcotic fentanyl. He was also convicted of four other drug-related charges linked to Crowley’s death.

We reported (“Breaking Bad” Ortho Doc Arrested) last November that he had been indicted the previous month and charged with distributing, and possibly manufacturing counterfeit oxycodone pills. The feds began investigating him in 2016.

Court records reported by The Palm Beach Post showed that informants involved in Benjamin’s business led federal agents to the surgeon. The informants told agents they bought counterfeit oxycodone pills from Benjamin.

According to a sworn statement from a federal agent, when one of informants told Benjamin about Crowley’s death, he allegedly said Crowley was just another “page in a large stack.” The informant also told the feds that in 2016 Benjamin began researching synthetic opioids and talked about manufacturing them himself.

The feds alleged that Benjamin was the source of the pills responsible for Crowley’s death. Investigators also uncovered a distribution network implicating Benjamin in the manufacture and distribution of counterfeit oxycodone pills outside the South Florida area.

In one bizarre episode, the federal complaint cites an October 6, 2017 incident when Benjamin tried to board a plane to Philadelphia carrying thousands of counterfeit pills supplied by a DEA informant for $16,000.

He arrived at the Orlando Melbourne International Airport wearing his scrubs and carrying thousands of blue pills in his carry-on bag. Airport police confiscated the pills and Benjamin returned with a prescription written that day to retrieve what he called his “cancer medication.”

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According to a biography on www.drjohnnybenjamin.com, Benjamin grew up in Houston, Texas, and graduated from Baylor University.

He completed his internship and residency at Temple University Hospital in Pennsylvania and had a fellowship at the Florida Spine Institute in Clearwater in 1997, according to Department of Health records. Although he’s been in prison since October, the Post reported that his medical license remains active.

Benjamin’s lawyer said no decision has been made about whether the verdict will be appealed. Benjamin will be sentenced July 6.

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Discussion

14
DS
Dr. Sarah MitchellOrthopedic Surgeon · Mayo Clinic

This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?

8
JT
James Thornton, MDSpine Fellow · HSS

Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.

5
RP
R. PatelSports Medicine · Stanford

We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.

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