DOCTOR NOT GUILTY OF MANSLAUGHTER

But Jury Convicts On Drug Charge

SPOTSYLVANIA - A jury found Dr. Bernard Member guilty of the illegal
distribution of narcotics last night but declared him not guilty of
involuntary manslaughter in the death of his ex-wife.

Member, a Fredericksburg-area psychiatrist, had also been charged with
felony second-degree murder in the death of Laura Feury, but that was
dismissed earlier in the day.

Jurors recommended a fine of $2,500, which was immediately imposed by Judge
William H. Ledbetter.

According to testimony, Feury, 44, suffered from endometriosis, which
causes severe cramping during menstruation. Member, who once practiced
pediatric oncology and is a licensed physician, gave patches of the
pain-relieving drug fentanyl to Feury without a prescription.

Fentanyl is a narcotic analgesic often used by sufferers of severe chronic
pain. When Feury was found dead at her Henrico County home on June 16,
2001, she had four patches of the powerful drug on her back. She also had
an electric heating pad under her back.

Medical examiners later determined the cause of death was due to "lethal"
amounts of fentanyl in her blood and liver.

In earlier testimony, experts said the heating pad intensified the effect
of the drug, giving the 96-pound Feury a tremendous dose.

On Wednesday, the prosecution presented a case in which experts testified
that fentanyl should not be used on a person who weighs under 120 pounds.

But yesterday defense attorney Mark Gardner brought forth a stream of
witnesses who contradicted the prosecution.

From pain management specialists to endocrinologists, all of the defense's
witnesses testified that they commonly prescribed the drug and that it
causes death only in extraordinary circumstances.

"If used properly, it's a safe drug," said Dr. Michael Decker, a physician
and pain-management expert. Decker added that everyone reacts differently
to the drug. He said that with continued use people develop a tolerance to
the drug.

"Anything that is overused is going to have the same serious side effects,"
said Decker.

Testifying in his defense, Member described his relationship with Feury as
complex, in which his competing roles of doctor, friend and employer
constantly intertwined.

He said that over the years he became her de facto doctor.

"You have to act as her physician," said Member. But "I was her friend, I
was her employer."

Describing the effects of her cramping, Member said: "She would dress in
these loose white pajamas. She called it her gorilla suit. . . . she
basically would curl up in a fetal position and try to sleep."

Presenting his case, Gardner stressed his client's medical knowledge. He
argued that because of Member's medical training, he was qualified to
dispense the narcotic.