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Lawsuit accuses Winter Haven doctor of pushing opioid

A local doctor is accused of prescribing a painkiller specifically for cancer patients to someone who didn't even have cancer.
A local doctor is accused of prescribing a painkiller specifically for cancer patients to someone who didn't even have cancer.

POLK COUNTY, Fla. -- A local doctor is accused of prescribing a painkiller specifically for cancer patients to someone who didn't even have cancer.

The 32-page lawsuit claims Dr. Edward Lubin at Gessler Clinic in Winter Haven prescribed the patient a powerful Fentanyl spray called Subsys. She had back, neck, knee and abdominal pain, but not from cancer.

That’s why the lawsuit accuses the doctor of negligence.

Lubin ended up losing his job. His termination letter from the clinic says the maker of Subsys paid him more than $150,000 to promote its product.

Subsys is FDA approved, specifically to treat breakthrough pain in cancer patients. Breakthrough pain is severe pain that can be felt even while using other painkillers.

In a separate lawsuit, Lubin claims the drug maker paid him for giving lectures.

Subsys is made by Insys. That company's billionaire founder was arrested last year on charges of conspiracy and bribery. Investigators say John Kapoor personally recruited doctors and helped design a scheme to offer kickbacks to illegally prescribe Subsys.

Some of the doctors have also been arrested, they said, for collecting fake speaking fees.

We reached out to Lubin's lawyer. He didn't have any comment. An attorney for the clinic he worked for never got back to us, and neither did drug maker Insys.

This lawsuit against Lubin is a civil matter. It's not clear whether he's under criminal investigation.

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