PAIN DOCTOR TO SERVE 25 YEARS

In Imposing The Sentence, Judge Tells Hurwitz That His Behavior Has
Ruined Lives

ALEXANDRIA -- A prominent doctor convicted of using his pain clinic as
a front for drug trafficking and prescribing massive amounts of
opiates to patients was sentenced to 25 years in prison yesterday.

William E. Hurwitz, 59, whose pain clinic in McLean drew patients from
more than 39 states, was convicted in December on 50 counts, including
drug trafficking resulting in the death of a patient, health-care
fraud, and illegal drug distribution.

Prosecutors said that Hurwitz knowingly turned a blind eye to patients
who were obvious drug addicts and drug dealers and that his waiting
room was at times filled with stoned, sleeping patients with track
marks on their arms from drug abuse. Patients received prescriptions
for as many as 1,600 pills a day. An FBI agent's affidavit indicated
that 21 percent of Hurwitz's patients had criminal records.

Hurwitz also prescribed massive amounts of opiates for legitimate
patients seeking relief from chronic pain. One such patient, Linda
Lalmond, died within two days of entering Hurwitz's care after he
prescribed morphine in doses 40 times higher than anything she had
previously received.

Hurwitz attracted a national following as an aggressive advocate of
high-dose opioid treatment for patients, once touting his theories on
"60 Minutes."

About 100 of Hurwitz's supporters packed the federal courtroom in
Alexandria, and several testified that Hurwitz saved them from
debilitating pain that other doctors were unwilling to treat.

"I was sick as a dog. I was 90 pounds soaking wet, and I wanted to
die. If not for that man, I would be dead" said Eyssel Gurganus of
Goldsboro, N.C., pointing to Hurwitz. "I had been to 36 doctors, and
every doctor is afraid of prosecution."

Many of Hurwitz's supporters warned that his lengthy prison sentence
would deter other doctors from prescribing needed medicine to those in
pain. But prosecutors and U.S. District Judge Leonard Wexler, who
imposed the 25-year sentence, said Hurwitz's conduct was so egregious
that no legitimate doctor should be concerned about a precedent.

"You have no reason to be afraid if you're doing honest things,"
Wexler said, addressing his comments to doctors who had written to him
in support of Hurwitz.

Prosecutor Mark Lytle accused Hurwitz of misleading other doctors
about the facts of his case and unnecessarily stirring up fear in the
medical community.

Drug Enforcement Administrator Karen Tandy, speaking at a news
conference after Hurwitz's sentencing, also sought to reassure
legitimate doctors that they have no reason to be concerned.

"Nothing you legitimately do in your practice even faintly resembles
what Dr. Hurwitz did in this case," Tandy said.

Wexler said many of Hurwitz's patients were obvious drug dealers or
addicts, and that Hurwitz ignored the evidence. In one case, a patient
who tested positive for cocaine abuse explained to Hurwitz that his
wife had been secretly spiking his food with cocaine; Hurwitz accepted
the explanation.

In another case, a patient claimed the track marks on his arms were
poison oak. Hurwitz accepted the explanation and gave the man an
anti-itch cream along with his narcotics prescription.

Hurwitz's lawyer, Marvin Miller, said the fact that Hurwitz tried to
treat the patient for poison oak is evidence that Hurwitz was naive
and was manipulated by drug-seeking patients.

Hurwitz, a graduate of Stanford Medical School, is "academically
brilliant, but he's got no street smarts," Miller said. Hurwitz's
ex-wife, Nilse Quercia, testified that "one of my husband's weaknesses
is that he is too trusting."

Hurwitz twice had his medical license suspended, once in 1991 and
again in 1996. The second time, he was required to attend classes to
learn how to detect drug-seeking patients who wanted to abuse the
medical system. The doctor who taught that class testified at trial
that Hurwitz was one of his best students.

Wexler, in imposing his sentence, said Hurwitz had numerous
opportunities to reform his practices but chose not to.

"Dr. Hurwitz, I do not feel sorry for you. You were one of the chosen
people. You had the talent. You went to the best schools. You made
money. You were successful," Wexler said. "By your behavior you ruined
people's lives. By your behavior, you killed people."

Federal law required that Wexler impose at least 20 years, though
Miller argued unsuccessfully that the statutory minimums did not apply
in Hurwitz's case. Wexler said he felt compelled to hand down more
than the 20-year minimum, though he declined to impose the life
sentence sought by prosecutors.

Hurwitz, appearing in court in a green jail jumpsuit, did not speak
during the sentencing; he blew a kiss to family members as he was led
away after the hearing.

He is appealing the conviction.