Doctor, patient reach confidential settlement

A medical malpractice lawsuit against a doctor with a history of drug and alcohol abuse settled after two hours of opening arguments.

John Campbell sued Dr. Michael Impey and his employer, Des Peres Medical Specialists, alleging that the doctor botched his colonoscopy and tore a hole in his colon while under the influence of oxycodone.

Plaintiff attorney Paul Passanante, of Paul J. Passanante & Associates, and defense attorney Robert Rosenthal, of Brown & James, declined to comment on the settlement agreement, citing a confidentiality agreement. The case was scheduled to be in trial for two weeks before St. Louis County Circuit Judge Richard Bresnahan.

Passanante outlined in opening arguments the history of Impey’s drug and alcohol abuse, which was first documented in May 2003. At that time, Impey agreed to join the Missouri Physicians Health Program, which helps doctors with substance abuse problems. As part of the program he submitted to voluntary drug tests, many of which were positive. In December 2004, Impey reached a settlement with the state Bureau of Narcotics and Dangerous Drugs and agreed that he would no longer prescribe Schedule II narcotics, but he continued to do so anyway.

The Missouri Board of Registration for the Healing Arts revoked Impey’s medical license in January 2008 for writing prescriptions for controlled substances and diverting some for his own use, after he had lost authority to do so.

Passanante pointed out that while Impey did have brief periods of sobriety, most notably from May 2005 to September 2006, he continued to test positive for oxycodone around the time of Campbell’s procedure. Passanante said that an hour and a half after Campbell’s colonoscopy on Dec. 18, 2006, Impey tested positive for the presence of oxycodone in his system.

But Rosenthal had argued in his openings that simply because Impey had oxycodone in his system did not mean he was impaired.

“Merely because you are taking the drug and you’re an addict doesn’t mean you shouldn’t be treating patients,” he said. “The evidence will show that Dr. Impey wasn’t impaired. There was not one observation of any sign that he was impaired.”

Rosenthal pointed out the Missouri Physicians Health Program and Des Peres Hospital continued to allow him to practice.

Passanante had told the jury that he would be asking them for punitive damages against Impey because “he knew he was a drug addict for three and a half years and knew he was abusing the drug and his judgment was impaired.”

Passanante said he wanted the punitive award to be one that would get the attention of all physicians in the community who are abusing drugs.

The case has already been before the Missouri Court of Appeals regarding the release of Dr. Impey’s medical records. Impey appealed Bresnahan’s ruling that granted the plaintiffs’ discovery requests regarding records relating to Impey’s narcotics abuse. The Missouri Court of Appeals Eastern District affirmed the decision without comment.

Also named in Campbell’s suit was Dr. Darin Minkin, who Campbell alleges did not act quickly enough to treat the perforation of his colon. Minkin was the manager of Campbell’s care after Campbell returned to Des Peres Hospital complaining of severe stomach pain after the colonoscopy.

“Minkin putzed around with Campbell for a day and a half – all the while he was getting worse,” Passanante said.

Campbell left Des Peres to go to Barnes-Jewish Hospital to get treated.

Minkin’s attorney James Cantalin, of Carmody MacDonald, didn’t even get a chance to present his opening arguments when the lawsuit was resolved. Minkin was not part of the settlement, however. The claims against Minkin were dismissed. 

The settlement with Campbell and Impey does not affect additional litigation against Impey. Passanante also represents George Chaklos, who alleges that Dr. Impey under the influence of narcotics performed a series of unnecessary colonoscopies that caused him to be partially disabled. That lawsuit was filed in September.

“That case is still pending at the present time,” Passanante said. “It’s much earlier in the stages of litigation.”

■ Confidential settlement

Medical malpractice

■ Court: St. Louis County Circuit Court

■ Case Number/Date: 2107CC-00804/July 21, 2009

■ Judge: Richard Bresnahan

■ Plaintiffs’ Experts: Tom Ireland, St. Louis (economist); Dr. Michael Mullins, St. Louis (toxicology); Dr. Bryon Adinoff, Dallas (addiction); Dr. James Moss, Louisville, Ky. (liability)

■ Defendants’ Experts: Dr. Edward Cetaruk, Denver (toxicology); Paul Cary, Columbia (drug testing); Dr. William Cheadle, Louisville, Ky. (standard of care); Dr. Gregory Skipper, Montgomery, Ala. (addiction); Dr. John R. Lake, Minneapolis (causation and damages); Robert E. “Jay” Marsh, Little Rock, Ark. (damages); Dr. Gerard Stanley, Butler (standard of care)

■ Special Damages: $115,000 in medical care, $331,000 in lost wages (This amount was disputed by the defense.)

■ Caption: John W. Campbell III and Charlynn Campbell v. Des Peres Medical Specialists Inc., a corporation, Michael Impey, D.O., Darin M. Minkin, D.O., and Darin M. Minkin, D.O. Inc.

■ Plaintiffs’ Attorneys: Paul Passanante, Dawn Mefford-Besserman, Luke Wells, Paul J. Passanante & Associates, St. Louis

■ Defendants’ Attorneys: Robert Rosenthal, Laurie Wright, Brown & James, St. Louis, for Impey; James Cantalin, Carmody MacDonald, St. Louis, for Minkin