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Gregory A. White, United States Attorney for the Northern District of Ohio, today announced that Dr. Jorge A. Martinez, age 54, formerly of Bath, Ohio, was sentenced to life imprisonment by United States District Court Judge Donald C. Nugent. This is the first conviction under the “health care fraud resulting in death” statute in the country and the first
life sentence.
Martinez was convicted by a jury in January of 56 counts of mail, wire and health care fraud resulting in death, as well as drug distribution. Martinez ran “pain management” clinics in Lorain, Boardman and Parma, Ohio. He treated all patients with weekly injections and Schedule II and III narcotic drug prescriptions during visits that lasted no more than a few minutes, then claimed thousands of dollars in insurance reimbursements per visit. He saw upward of 100 patients per day. Martinez submitted $60 million in fraudulent bills to the victim health care benefit programs, claiming he was performing multiple, complex epidural and nerve block injections when, in fact, he performed crude versions of lower cost trigger-point injections. A government expert witness characterized Martinez’s treatments as “patient assault.” He was paid over $12 million by Medicaid, Medicare and the Ohio Bureau of Workers’ Compensation. Over $7 million has been recovered and is under the control of the Court pending an order of restitution to the victims.
By prescribing narcotics on a weekly basis, Martinez rendered his patients addicted or at least dependent on him for their weekly “fix.” He controlled his patients by threatening to withhold drugs from patients if they did not contribute to his “malpractice insurance fund” or submit to the injections.
Martinez was convicted of two counts of health care fraud resulting in death. Two individuals died from drug overdoses of OxyContin, Kadian and other drugs as a result of Martinez’s practices.
Blair Scott Knight of Ravenna, Ohio, died of a massive drug overdose on January 8, 2001, the same day he was seen by Martinez. Martinez gave Knight a prescription for OxyContin and other drugs that day. Another patient, John Lancaster, was seen by Martinez on September 5, 2001. He was given Zoloft in the office and prescriptions for five separate drugs. Lancaster became unconscious in Martinez’s office. Later, he was taken to the hospital where he died of an overdose of multiple drugs.
Martinez was arrested at his home on September 2, 2004 and has been detained throughout the trial and sentencing process. Because he is an alien, he is eligible to be deported when he completes his sentence.
This case was investigated by the Federal Bureau of Investigation and the United States Department of Health and Human Services, Office of Inspector General, Office of Investigations, and is being prosecuted by Assistant United States Attorneys Linda M. Betzer and Virginia D. Hearey.
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