PDT Staff Writer
The Tenth Appellate District Court has upheld a Franklin County Common Pleas Court ruling allowing the permanent revocation of Dr. James Lundeen’s license to practice medicine in Ohio to stand.
On Dec. 14, 2011, the Ohio State Medical Board voted to permanently revoke Lundeen’s medical license following the recommendation of a hearing examiner who found that Lundeen was over-prescribing medication to patients at his offices in Portsmouth and Plymouth, Ohio.
Investigators from the Attorney General’s Office, Bureau of Workers Compensation, the State Highway Patrol and other agencies raided Lundeen’s offices in downtown Portsmouth and Plymouth in March 2011. The State Medical Board suspended Lundeen’s medical license based on the finding that Lundeen’s continued practice presented a danger to the public.
At Lundeen’s original hearing before the State Medical Board, the examiners dealt with 26 of Lundeen’s patients and in the finding, those patients were listed by number. For example, the report said Patient 10 came to Lundeen with back sprain in February of 2006 and was prescribed Percocet, Flexoril and Feldene, and at his last visit Lundeen was prescribing Magnacet, Dilaudid, Duragesic, Xanax, Flexeril, Triavil, Ambien and Feldene.
On Jan. 17, 2013, after hearing Lundeen’s appeal, which was based on two assignments of error, Judge Susan Brown, with Judge Julia L. Dorrian concurring, concluded, “For the foregoing reasons, appellant’s two assignments of error are overruled, and the judgment of the Franklin County Court of Common Pleas is hereby affirmend.”
Lundeen’s assignments of error were based on two points - the trial court lacked judicial authority and subject matter jurisdiction and/or exceeded its authority to preside over the proceedings in the matter; and the statutes utilized by the State Medical Board of Ohio are unconstituitional as applied to a disciplinary action culminating in a permanent medical license revocation.
On Monday, Lundeen said, “I am dismayed that the Court made such aggregious mistakes of law (misquoting and misapplication of statutes) which prevented me from victory on Jan. 17, 2013. Judge Brown stated the opposite in 2006 in Doriott v. State Med. Bd. of Ohio. It is beyond comprehension why she would not dissent, but instead concur with Judge Sadler and Judge Dorrian.”
Lundeen said he is awaiting a reversal of the decision.
“These three judges should correct their common error and issue a decision within days in my favor,” Lundeen continued.
“I am confident that my documents of Jan. 28 and Feb. 12 have shown a bright light on these unfortunate errors.”
Lundeen said he “trusts that these three judges will correct the unfortunate errors (pertaining to Ohio R.C. 1.02(G), 119.07, 4731.22(G)(2)) and issue a decision which will vacate all orders of the medical board, trial court and the initial decision of the appellate court.”
Lundeen also said he will be filing collateral challenges in other states that attempt to prevent him from being licensed due to the void orders in Ohio.
Frank Lewis may be reached at 740-353-3101, ext. 252, or at email@example.com.