Defense motion: Dr. Gosy needs to return or office will close again

Posted at 6:22 PM, Jun 15, 2016
and last updated 2016-06-18 07:57:53-04

Defense attorney Joel Daniels has filed a motion in U.S. District Court in Buffalo to allow Dr. Eugene Gosy to resume treatment of his chronic pain patients.

The motion includes a supporting statement from Dr. Robert Milch, who is currently helping operate Gosy's pain management center in Williamsville, saying Dr. Gosy is needed to help treat patients who have complex medical problems.

The defense filing said Dr. Gosy would still be prevented from prescribing controlled medications and he would be monitored by other physicians who have volunteered to keep the office open.

Dr. Milch warns if Dr. Gosy is not allowed to resume treatment of patients, the Williamsville pain management center will soon have to give a 30-day notice to 9,000 patients that it will close in the next few weeks. That action could result in a "veritable tsunami of many thousands of these patients who will flood a community inadequately resourced and prepared to manage the collateral human damage caused by that action, worsening its already critical drug management problem," said the affidavit from Dr. Milch.

Dr. Gosy's office closed for over two weeks after the doctor was indicted on federal conspiracy, fraud and unlawful distribution of narcotics charges at the end of April.  That closure caused a public health crisis as many chronic pain management patients ran out of medicine, went through severe withdrawals and discovered that primary care physicians, and other medical providers, would not take over pain management treatment.

The defense motion to change the terms of Dr. Gosy's bail will be heard next week in Federal District Court in Buffalo by Hon. H. Kenneth Schroeder, Jr.

U.S. Attorney William Hochul, Western District of New York, issued the following statement in response: 

“As in all cases prosecuted by this Office, the Government will respond to any defense pleadings filed in the time provided by the Court. To be clear, the Government has never sought, and the Court has never ordered that the defendant not practice medicine. Instead, the only limitation by the Court is that the defendant not prescribe controlled substances, or have others prescribe such substances on his behalf. Indeed it was the defendant’s decision to close his practice for two weeks in May.”