Gosy pleads not guilty, lawyers say they will prove prescriptions legit

Apr 27, 2016

Dr. Eugene Gosy is free on $250,000 bail and will be allowed to continue his medical practice. He will not, though, be allowed to prescribe the controlled substances that federal prosecutors say he was issuing widespread and illegally.

Dr. Gosy pled not guilty to the 114 counts against him. Federal prosecutors say he issued thousands of illegal prescriptions, arranged for staff to complete prescription forms in his absence and committed fraud as far back as 2006. A grand jury handed up an indictment against the Williamsville-based practitioner on Tuesday.

Defense attorney Joel Daniels, left, speaks to reporters as his client, Dr. Eugene Gosy, stands by. Dr. Gosy pled not guilty in federal court Wednesday to 114 counts against him. Federal prosecutors say Gosy issued thousands of illegal prescriptions for various opioids.
Credit Michael Mroziak, WBFO

Gosy will be allowed to continue practicing medicine but will not be allowed to prescribe controlled substances. He voluntarily surrendered his DEA license permitting such prescriptions, it was revealed in court.

Prosecutors did not speak with media after the arraignment. Daniels did, and said the case is the result of government nitpicking. 

"What they've done is elevate something that is nothing more than a billing dispute with Workers Comp into what they call health care fraud," Daniels told reporters. "Every patient was seen. Every patient was examined."

Daniels insists the defense will prove that every prescription issued by Dr. Gosy was legitimate.

"We will show, without any question, that every script that the government's talking about in their 27-page, 114-count indictment was issued for a legitimate medical purpose," he said. "I tell you every chart will back that up."

Prosecutors have until the end of next January to complete and deliver their "discovery," followed by the defense having 90 days to complete their response. Oral arguments in the case are tentatively scheduled for May 10, 2017. 

While prosecutors liken Gosy to a drug dealer who abused his ability to issue prescriptions in order to profit, Gosy supporters hail him as a doctor who is willing to provide pain management that others won't out of fear of government backlash.

Daniels read a letter from one of Gosy's more than 10,000 patients. The writer praises Gosy for providing assistance with his wife's multiple sclerosis. According to Daniels, the writer insists that his wife would likely be in a skilled nursing residence if not for Gosy's assistance.

"We believe Dr. Gosy should be applauded and not indicted," Daniels said.