Federal Judge Dismisses Charges Against Kentucky Cardiologist
COVINGTON, Ky., January 5, 2024 /PRNewswire/ -- A federal judge has dismissed criminal charges against retired interventional cardiologist Dr. Richard Paulus of Ashland, Kentucky, ending an eight-year-long case that involved two trials and multiple appeals, Dr. Paulus's lawyers at the BLL law firm, the Law Office of Stephen Chahn Lee, and the Mussetter Law Office announced today.
"This long-overdue dismissal finally recognizes the truth – the government cannot prove wrongdoing by Dr. Paulus based on the actual evidence regarding his medical practice," said Hilary Holt LoCicero of the BLL law firm lead counsel in the recently concluded second trial.
From 2008 through 2013, Dr. Paulus was part of the cardiology department at King's Daughters Medical Center in Ashland. He spent more than two decades helping patients with heart disease in the tri-state area served by KDMC, and various organizations ranked the interventional cardiology program he developed there as one of the best in the country.
Dr. Paulus was charged with wrongdoing by the U.S. Attorney's Office for the Eastern District of Kentucky in 2015, and his case went to trial in 2016. The conviction in that trial was thrown out on constitutional grounds by the U.S. Court of Appeals for the Sixth Circuit because Dr. Paulus had not been provided at trial with significant exculpatory information that supported his innocence and showed that the government's evidence had been cherry-picked. The appeals court accordingly held he was entitled to a new trial.
Before the second trial in 2023, U.S. District Judge David Bunning adequately excluded from evidence various types of irrelevant, inadmissible, and misleading information that the government hoped to introduce. The second trial lasted five weeks, concluding with closing arguments on December 7.
The case against Dr. Paulus, as presented by federal prosecutors, focused on a small, not statistically valid number of Dr. Paulus's medical procedures in which he had seen significant blockage in the patient's coronary arteries that he believed justified the placement of a coronary artery stent. The government presented experts who disagreed with Dr. Paulus's medical judgments, while Dr. Paulus presented experts who agreed with him and agreed that the stents were necessary.
Ultimately, the government could not prove Dr. Paulus's wrongdoing on a single indictment count. The jury acquitted him on one charge, and on January 3, the government filed a motion to dismiss all remaining charges. Judge Bunning granted the motion yesterday afternoon.
"The government improperly accused Dr. Paulus," Ms. LoCicero added. He dedicated his life to helping sick patients and always acted in their best interests. Substantial evidence at trial established this. Essentially, the case boiled down to legitimate disagreements between experts in a complicated field of medicine. The government's attempt to criminalize such disagreements among doctors was unjustified. Doctors frequently disagree, and that was never any proof of wrongdoing."
Dr. Paulus was represented at the first trial by the late Robert S. Bennett, Ms. LoCicero, and C. David Mussetter. Dr. Paulus was represented at the second trial by Ms. LoCicero, Mr. Mussetter, and Stephen Chahn Lee, a former federal prosecutor with extensive experience with healthcare fraud matters and data analytics.
Ms. LoCicero is a partner in BLL, a white-collar boutique law firm in Washington, D.C.
Mr. Mussetter is a solo practitioner in Ashland, Kentucky.
Mr. Lee is a solo practitioner in Chicago, Illinois.
For further information, contact John Sullivan of BLL at (202) 880-2129 or via e-mail at jsullivan@bllfirm.com.
About Stephen Lee Law
At the heart of every press release from the Law Offices of Stephen Chahn Lee lies a diverse and illustrious career that traverses the realms of journalism, law, and medicine with precision. From a pre-med student to a respected journalist, a lawyer at a premier New York firm, and an influential federal prosecutor, Stephen Lee's unique journey underpins the profound insights and captivating storytelling that define the firm's communications. Since founding his solo practice in 2022, Lee has tackled complex, high-stakes legal matters with the enthusiasm that marked his tenure at Debevoise & Plimpton LLP and his decisive victories as an Assistant United States Attorney. His firm's press releases are more than just news; they are narratives enriched by his comprehensive legal expertise, commitment to justice, and active community engagement. In Chicago, where he practices, writes, and volunteers, Lee strives for a positive impact beyond the courtroom.
For further insights into the United States v. Paulus or legal guidance on healthcare fraud defense, please contact Stephen Lee Law.
