Vivian Herrero, MD, a pediatrician and family medicine practitioner in Dunedin, Florida, has been caught up in an attack on a “pain management clinic” in Tarpon Springs, FL. I have a lot of questions for Dr. Herrero, but the thing to learn from her experience is that every doctor in America needs to understand that you can be charged for someone else’s crime as an “accessory”. You would think that, with the overall attacks on pain management these days that doctors would be more careful.
About Vivian Herrero, MD
Vivian Marie Herrero, MD, 43, graduated in 2008 from my Alma Mater, the University of Texas Health Science Center in San Antonio (UTHSCSA). She then completed her pediatric residency at University of New Mexico Children’s Hospital in 2011. She has held several jobs in Florida in the practice of pediatrics and has her own practice at Dunedin Pediatrics & Family, a holistic primary care practice for all ages.
She holds a license (ME110840) with the Florida Board of Medicine, and in opposition to the government statement in their press release, she is certified as a Controlled Substance Prescriber for the treatment of chronic non-malignant pain as well as authorized to order medical and low-THC cannabis. I share the picture of her licensure because the government, in collusion with the Boards of Medicine, might get that changed.
Dr. Herrero has been charged with unlawfully issuing controlled substance prescriptions in violation of the Controlled Substances Act. Now, according to the recent Ruan/Kahn SCOTUS decision, since she was certified to prescribe controlled substances, it is the burden of the government to show that her prescriptions were equal to selling drugs on the street corner, and not to legitimate patients with legitimate pain. However, most of the media about this case shows that the people involved in the charges were legitimate pain patients, and therefore Dr. Herrero should not be involved in the charges. It is my opinion that she is being included in order to force her to be a witness against the others involved in the charges. That shouldn’t really be necessary, as there is enough evidence, real or created, to indict and convict the Fergusons.
In their press release, the DOJ made the following provocatory, slanderous statements about the prescribing of opioids, which would involve Dr. Herrero.
Assistant Attorney General Brian Boynton
“Medical clinics that facilitate the unlawful use of opioids and other controlled substances cannot continue to operate,” “The Department of Justice will use all available tools to stop the illegal distribution of potentially dangerous prescription drugs.”
U.S. Attorney Roger Handberg
“Medical professionals who abandon their oath to protect patients from harm and violate the law compromise the health and safety of patients and must be held accountable.” “The illegal distribution of opioids continues to cause great harm to people in our communities. We will continue to work with our law enforcement partners to put an end to this devastating crisis.”
DEA agent Deanne L. Reuter
“As communities across Florida are facing the devastating effects of the opioid epidemic, we need to be doing everything we can to prevent prescription opioid misuse.” “The DEA Miami Field Division remains steadfast in our mission of working with our law enforcement partners to pursue those who jeopardize the safety and health of our communities.”
The Restraining Order
A restraining order was granted by US. District Judge Steven Merryday on Oct. 17 prohibiting Phoenix Medical Management Care Centers in Tarpon Springs near Tampa, FL, its operators and Dr. Herrero from administering, dispensing or distributing any controlled substances, including issuing prescriptions for opioids. This followed a complaint by the Justice Department filed on Oct. 12 for them issuing opioid prescriptions without medical exams, calling the center “a pill mill disguised as charity with a convicted drug trafficker as a proprietor and a pediatrician as a prescriber.” The complaint alleges the Fergusons established Phoenix as a nonprofit “for the express purpose of hiring unqualified physicians to write high quantities of controlled substance prescriptions under the guise of a legitimate pain management practice.” The DOJ is seeking civil penalties and a permanent injunction against the defendants.
This action against Dr. Herrero is in complete disregard of the SCOTUS Ruan/Kahn decision. But that shouldn’t surprise anyone.
“When a physician like Dr. Herrero treats patients or prescribes drugs in a manner so clearly outside of the physician’s specialty, the physician is very likely issuing prescriptions outside the usual course of professional medical practice and not for a legitimate need,” prosecutors say in the emergency motion.
So they even admit that Dr. Herrero was treating patients, protected now by the SCOTUS decision. And Dr. Herrero is certified for prescribing controlled substances and runs a family medicine clinic. Even though her specialty from residency is in pediatrics, medical school covers treatment for all ages. A doctor can practice medicine after only the completion of one year of internship in any specialty. As a physician, I’m sure she only does what she feels comfortable doing, and feels she has the training for. According to the motion, Dr. Herrero had been working at Phoenix since 2018. So I’m sure she had enough experience with pain treatment to do the job correctly.
The government, in their press release, continues to fuel the propaganda against opioids, and continues to use the Controlled Substance Act statute 841 against Dr. Herrero, stating that her prescriptions were for “powerful opioids and other drugs without a legitimate medical basis and despite obvious signs of abuse or diversion,” and that the prescriptions were by “unqualified physicians and issued to patients with only limited interaction or evaluation.” The DOJ is ignoring the SCOTUS decision in Ruan/Kahn, as they have done with all SCOTUS decisions on drugs going back to US v. Jin Fuey Moy in 1916.
According to a media article by Rachel Tucker of WFLA, Dr. Herrero also faces a federal charge from the DEA for violation of the Prescribing Practitioners Act for “masquerading” as a pain management doctor, despite not being certified. However, her license above shows that she was certified. This might be a way, though, that the DOJ hopes to work around the requirement of the SCOTUS decision that states if a practitioner is certified, it is then the government’s task to prove illegal use. It’s typical of the government to change the wordage or simply lie to create a case against a doctor. In this case, the arrest affidavit from the Tarpon Springs Police Department and DEA stated that Dr. Herrero was only licensed to perform medical services for children at the time she was hired by Phoenix Medical Management, but was acting as a pain management physician for adults. They also claimed she stood by the manager, Christopher Ferguson, as he extorted women for sex. According to the arrest report, multiple victims showed Herrero recordings of Ferguson’s alleged abuse as well as clean drug screens from other laboratories. Then police said Dr. Herrero allowed the alleged extortion to continue for months. Because of this, Dr. Herrero was charged with 4 counts of accessory before the fact and 3 counts of accessory after the fact in connection to the alleged extortion.
Dr. Herrero is certified for pain management by the Florida Board of Medicine. But the problem is, the pain management clinic she worked at isn’t. Here is the rule:
https://www.floridahealth.gov/licensing-and-regulation/pain-management-clinics/index.html
Pain-management clinics are those that advertise in any medium for any type of pain-management services or where in any month a majority of patients are prescribed certain controlled substances for the treatment of chronic non-malignant pain. The Department will register and inspect the clinics to ensure the safety of the people in Florida.
NOTE: If the Pain Management Clinic will not be entirely physician-owned, registration with the Agency for Health Care Administration (AHCA) is required.
Dr. Herrero, I recommend that you consult Physicians Against Abuse in Florida for some advice on your case.
Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
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My pain management story is a sorrowful one. I was her patient and she was compassionate, thorough and caring, looked at and ordered new MRI’s and knew I was in pain, can’t fake what the discs show happening inside of my body. But let me back up she was my third doctor, not by my fault. I got injured badly in an accident actually second in roughly 10 years – first one I bounced back from this last one not so much. I was recommended a doc by my car insurance agent after my accident- showed report got prescribed a Rx for a lose dose but I could barely move, got first MRI and was given Fentanyl patch with a few lose dose for break thru – body felt better but it was to high but we adjusted, like she said no one should live with this pain and was surprised I managed hobbling the way I did (again MRIs don’t lie), but she had one patient she prescribed suboxon (sp) to who OD’d on Heroin doc gets targeted all patients left to fend for ourselves. Yes one patient took an illegal substance and she was targeted- only in America. I then found a woman who I swear could levitate, had enough credentials for an entire military medical fleet, I was with her for years and I still hold love in my heart for her and will prayer for her and her family for the rest of my life – shut down because her AR girl who I swear was trying to sabotage her who did the billing charged one single visit as an office visit to Medicare and my doc got sent to federal prison and again left in the lurch. Then after that so many pharmacies and other PM docs wouldn’t touch any of her patients with a 10 foot pole… then found Dr Vivian Herrero again she was aces and made adjustments as needed and cared for me like I was her child though we are nearly the same age. What they are doing is a witch hunt during an election year of course and screws every broken citizen who is broken through no fault of their own and left once again wondering where do I go? Last week I Called at least a dozen doctors who won’t see her patients and I’m left scared, in pain and wondering why?? They wrote these articles like she was his pimp. They are painting her like she is playing doctor and out to hurt the world. I want to know why a doctor can be painted as a killer because a patient of theirs has no self control and gobbles all their medicine in a few days is the doctors fault? It’s NOT!! And those of us PM patients who always do the right thing, have proof of why we are in constant pain are left with the burden of proof of pleading begging for medical help to no avail and left in agony and without our medication that makes it possible for us to have some sort of life?? Why I am looked upon like a criminal or abuser? Why are doctors being prosecuted for upholding their oath to ensuring no patient suffers? It is sad now doctors don’t care and treat as needed, they are doing so out of fear of politicians who don’t even have medical degrees and we all suffer because of it.
As I’ve explained since I figured it out in 2006, the government wants to get rid of the expendable populations of government-insured, disabled, elderly, poor, and uninsured as they are a drain on the economy. Then, as I learned in prison, the attacks on doctors are all about government agencies making money and promotions, conviscating all that a doctor has made through his/her career. The only way to end it is to learn what I teach–to offset the government propaganda that drugs cause addiction, so they can achieve their goals of conviction. So if you want pain management back, learn what I teach. Join me on Clubhouse. Watch my videos. Take my ecourse. Get everyone you know to do the same. If not, soon there will not be any opioids for anyone.
I remember listening to Obama speak during a state of a union talk about the very thing regarding Obamacare how why prolong agony if you’re already going to die when we can keep costs down and just give you a pill to make you comfortable YET here we are and since then they are taking that away from us too. I loathe seeing what is happening to the medical field, I HATE seeing doctors persecuted by entities without medical degrees no less and I am having a pity party and half for myself because I’m again going WTF and at this moment truly without hurting and barely moving my thumbs to type this. I’m angry I’m hurt I’m angry this is happening I’m just angry and frustrated to the point of tears and in pain I can’t even articulate. When I saw your list by state and got to Florida I cried the names though I didn’t know them, I knew them and my second doc I listed in my comment was on the list (the one I said could levitate) was the one with 6 months (that was federal prison) but by the grace of God her timed compared to others was nothing. Seeing employees, pharmacists, their spouses getting decades is a crime within itself. I honestly had no idea until today finding your site. I’ll be tuning in that I promise- this has to stop!!! Wonder how many suicides are because of this? So much racing thru my mind. Praying is my only solace because what I’m feeling is inhumane and no one is willing to help.
My money is on that the DOJ/DEA is still using 90 MME/day as standard of care and best practices or may have already adopted the new PROPOSED 50 MME/day… as standard of care and best practices… and in “their world” any doses above that is outside of those standards and if so, in direct contradiction to the SCOTUS (9-0 vote) that the DEA is not to use objective data when a pt in treating pts dealing with subjective diseases. One of the “talking heads” on cable TV today made the comment that many agencies under this administration has basically went rogue and doing just as they please… Also, the SCOTUS in June-July ruled that the EPA did not have the statutory authority to create new interpretations of the Environmental Protection Act – that was only allowed by Congress and from what I have read… the EPS is ignoring SCOTUS decision… and maybe the DEA is following the EPA’s lead
Yes, the government has ignored SCOTUS for years, even back to 1916, like I mentioned yesterday in Clubhouse. And it was brought up during the interviews of Cavinaugh years back how the agencies are creating the law now, and working rogue, by the legislators.
Not having accurate full information people make decisions based on the information that they have. If the information they start with is wrong or not complete the end result will not be accurate. In your article you said that our pain management clinic is not certified /licensed /registered. We are indeed licensed and registered as a nonprofit pain management clinic. We have to have a special exemption for this. We are licensed as an exempt pain management clinic. We are not like 99% of all other pain management in the state. This difference is unrecognized by both the DEA and law enforcement because they don’t understand that there is a difference. As one of the exemptions we do not take insurance and are not required to be registered under ahca. But we had to register with ahca as an exempt pain management office. We are state license registered and certified as an exempt pain management clinic.
What the local law enforcement, DEA and by extension the doj are doing to us and the doctor is wrong.
The comments from local city police of “not in my back yard” on pain management to DEA comment of “all of you are bad ALL pain management are, you all need to be gone” shows the intolerance and ignorance they have. Our office operates within the laws and rules and regulations by the state of Florida under an exempt pain management practice. If they don’t like the laws and rules as the written they need to change the laws. If they don’t like the exemption they need to close the exemption out of the laws. As always we have and will continue operate Within the parameters set forth by the state of Florida we are and always have operated legally.
The theory of kicking over the ant hill does not make the ants go away. Unfortunately the doj and DEA know that if they wage war long enough they will crush us out of existence. We unlike other pain management offices are a non-profit and do not have Deep Pockets to keep funding attorneys to defend ourselves. We have regrettably been forced to close. This is of course their ultimate goal as they directly stated that to me.
With respect to my case the charges filed against me are completely false all of them. Along with that all of the charges filed against Dr Herrero are also completely false. She is the best doctor that I have ever known. caring and compassionate, keeping excellent records of everything she does. Following all procedures and practices. This has already ruined her reputation, her livelihood and ultimately train wrecked her life and her family’s. (Our’s too).
Thank you, Mr. Ferguson, for replying to this post. I must say, you are the first person under attack to do so, and I respect that. I hope that you, Patricia, and Vivian, will get on board with my work to get the CSA repealed. That is the only thing that will stop these atrocious attacks on good, compassionate physicians, their patients, and all the minorities that have suffered over the years in prison. I will correct the inaccurate information about your clinic that I have written. I make a point of only printing the truth, as best I can.
she needs to call Ron Chapman or Jon Flannery ASAP.
I’m so sorry about all this with the doctors and pain patients. I’m angry too. I advocate all I can; being I’m also a severe chronic pain patient myself.
Bram.
Join our Clubhouse room meeting on Tuesdays at 2PM to learn what needs to be done to end the War on Drugs. And invite everyone you know. The button at the bottom of the post goes to the post explaining how to join Clubhouse.
Moronic animalistic bipeds, like the AUSA, FBI, DEA, ATF and certain Sheriffs /Police , like those helmeted jackbooted THUGS that en masse ( about 50 ) shoved me at automatic long gunpoint …
Need to get their presently worthless fatasses to the Southern Borden , rather than fabricate cases to coerce Medical Professionals to accept confabulated pleas , to shave years off inexplicable incarcerations.
At 66, I still stand by that which I yelled back at them the early morning they raided my ( EARNED ) Wichita ranch shirtless, and in my boxer briefs … Drop your badge and weapons, and I will kick your mother fucking asses, one by one… And thats double for the 30-something year-old Wichita DEA dudes I KNOW were illegally dosing anabolics …
Do you think I have anger issues 😅 ? … lmmfao
15years later