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En 2008, Toth a été condamné à la prison pour homicide involontaire lié au patient décédé. En 2011, après avoir purgé 26 mois de prison pour l'homicide involontaire, il a été condamné à une peine d'emprisonnement et à des sanctions financières pour avoir conspiré en vue de commettre une fraude postale et d'introduire des médicaments non approuvés et un dispositif médical de mauvaise qualité dans le commerce inter-États.<ref>https://quackwatch.org/cases/board/med/toth/consentorder/ In April 2005, the Kansas Board of Healing Arts reprimanded John R. Toth, M.D., of Topeka, Kansas, for not timely responding to hospital pages. Two months later, the board issued an emergency suspension followed by an emergency order limiting his practice. The situation arose after two of his patients he treated with intravenous Bismacine were hospitalized with life-threatening complications. One whom he had treated for 11 years for Lyme disease, had kidney failure. The other’s heart stopped beating in Toth’s office. Two weeks later, the board concluded that the first patient had been misdiagnosed and that the bismuth product contained a toxic metal and lacked FDA approval. The hospital summarily suspended Toth’s privileges, and the board issued an emergency order limiting what Toth could do.<br><br>In December 2005, Toth signed a consent agreement (shown below) under which he inactivated his license and cannot resume practice unless he undergoes remedial education and petitions the board for reactivation. He also agreed that if permitted to resume practice, he will (a) do so in a group setting, (b) refrain from diagnosing or treating Lyme disease without prior approval by an infectious disease specialist, (c) refrain from prescribing intravenous bismuth to any patient, (d) use only methods that are generally accepted by the medical community.<br>In July 2006, the FDA issued a public warning not to use Bismacine (a/k/a Chromacine).<br><br>In 2008, Toth was sentenced to prison for manslaughter related to the patient who had died. In 2011, after having served 26 months in prison for the manslaughter case, he was sentenced to time served and some financial penalties on a federal charge of conspiring to commit mail fraud and introduce unapproved drugs and a misbranded medical device in interstate commerce.<br><br>BEFORE THE BOARD OF HEALING ARTS<br>OF THE STATE OF KANSAS
En 2008, Toth a été condamné à la prison pour homicide involontaire lié au patient décédé. En 2011, après avoir purgé 26 mois de prison pour l'homicide involontaire, il a été condamné à une peine d'emprisonnement et à des sanctions financières pour avoir conspiré en vue de commettre une fraude postale et d'introduire des médicaments non approuvés et un dispositif médical de mauvaise qualité dans le commerce inter-États.<ref>https://quackwatch.org/cases/board/med/toth/consentorder/ In April 2005, the Kansas Board of Healing Arts reprimanded John R. Toth, M.D., of Topeka, Kansas, for not timely responding to hospital pages. Two months later, the board issued an emergency suspension followed by an emergency order limiting his practice. The situation arose after two of his patients he treated with intravenous Bismacine were hospitalized with life-threatening complications. One whom he had treated for 11 years for Lyme disease, had kidney failure. The other’s heart stopped beating in Toth’s office. Two weeks later, the board concluded that the first patient had been misdiagnosed and that the bismuth product contained a toxic metal and lacked FDA approval. The hospital summarily suspended Toth’s privileges, and the board issued an emergency order limiting what Toth could do.<br><br>In December 2005, Toth signed a consent agreement (shown below) under which he inactivated his license and cannot resume practice unless he undergoes remedial education and petitions the board for reactivation. He also agreed that if permitted to resume practice, he will (a) do so in a group setting, (b) refrain from diagnosing or treating Lyme disease without prior approval by an infectious disease specialist, (c) refrain from prescribing intravenous bismuth to any patient, (d) use only methods that are generally accepted by the medical community.<br>In July 2006, the FDA issued a public warning not to use Bismacine (a/k/a Chromacine).<br><br>In 2008, Toth was sentenced to prison for manslaughter related to the patient who had died. In 2011, after having served 26 months in prison for the manslaughter case, he was sentenced to time served and some financial penalties on a federal charge of conspiring to commit mail fraud and introduce unapproved drugs and a misbranded medical device in interstate commerce.<br><br>BEFORE THE BOARD OF HEALING ARTS<br>OF THE STATE OF KANSAS
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Un article de journal (signé par Kevin Elliott, et posté le 17 septembre 2010)
Posted Sep 17, 2010 at 3:52 PM) nous en apprend plus, Toth avait plusieurs complices, un de ceux-ci était [[RobertBradford]] :
A California man has pleaded guilty to federal charges stemming from a fraudulent marketing scheme to treat a nonexistent epidemic of Lyme disease that involved a former Topeka physician, U.S. Attorney for Kansas Barry Grissom said Friday.
Robert W. Bradford, 79, of Chula Vista, Calif., pleaded guilty to conspiracy to commit mail fraud and to introduce misbranded drugs into interstate commerce.
Bradford admitted he and his co-defendants made more than $400,000 selling a microscope they claimed could be used to diagnose Lyme disease and a drug treatment plan they claimed could cure it. Bradford was founder of a company doing business as American Biologics, which distributed marketing materials calling Lyme disease the “Plague of the 21st Century” and claiming more than 50 percent of chronically ill people may be suffering from it.
John R. Toth, a former Topeka physician convicted for the 2006 death of one of his patients, is one of three other defendants waiting to stand trial in the Lyme disease case.
Toth pleaded no contest in 2007 in Shawnee County District Court to reckless involuntary manslaughter in the death of Beverly A. Wunder, 47, of Topeka. He was sentenced to 32 months in prison.
Wunder died one year and two days after suffering acute renal and respiratory failure and going into cardiac arrest in Toth’s office during a treatment for Lyme disease.
Toth, who was released from prison in July, faces a dozen counts in the indictment charging him, Carole Bradford and Brigitte Byrd with conspiracy, mail fraud, introduction of a misbranded drug into interstate commerce, receipt of a misbranded drug in interstate commerce, and the introduction of an adulterated and misbranded medical device into interstate commerce.
The Kansas Board of Healing Arts suspended Toth’s medical license in June 2005, citing gross negligence when treating Wunder and another patient who suffered acute renal failure as a consequence of the treatment.
The treatment, marketed as Bismacine, was found to be a solution of Bismuth citrate — a toxic metallic element. Those treatments were “manufactured in a make-shift laboratory” operated by American Biologics and included several chemicals that weren’t certified or intended for use in food, drugs or cosmetics for humans or animals, according to the indictment.
Because Toth “knew that health care benefit programs would not pay for ‘alternative’ therapies, he established the Alternative Therapies Health Association as a separate entity from his licensed medical practice to bill patients for ‘alternative’ therapies, and to receive payment from patients for those ‘alternative’ therapies,” the indictment states. Toth profited by using the Bradford microscope and intravenous injections of the drugs, which investigators found to be about $100 for use of the microscope and $320 for intravenous “antimicrobial treatment.”
Prosecutors say the defendants omitted material facts to diagnose Lyme disease. The indictment also alleges Toth ordered Bismacine from a pharmacy in Colorado on May 2, 2005, after Wunder had suffered cardiac arrest.
“With the death of one victim and the severe physical harm suffered by another, this investigation highlights the dangers of distributing drugs and medical devices in circumvention of FDA’s lawful and legitimate functions of regulating those products,” said Erick Holland, special agent in charge of the Food and Drug Administration’s criminal investigations office in Kansas City, Kan.
Bradford’s sentencing is set for Dec. 14. Prosecutors are recommending a year of home confinement, five years of probation, restitution of $40,372 and a forfeiture of $400,000. <ref>https://webcache.googleusercontent.com/search?q=cache:nLm_vHIlo-cJ:https://www.cjonline.com/article/20100917/NEWS/309179729+&cd=1&hl=fr&ct=clnk&gl=fr</ref>
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