The family of a Viet doctor who was arrested in Mississippi and accused of running a pill mill are fighting back, claiming the doctor was innocent and that prosecutors overreached.
Dr. Victoria Van (whose Vietnamese name is Thu Hoa) has been in federal custody since her arrest on May 21 together with her husband Dr. Thomas Trieu, his brother Richard Trieu the manager of Family Medical Center in Biloxi, and their neighbor Nick Tran the pharmacist next door. Read here. They are accused of providing controlled medications to patients who don’t need them, instead acting like a drug supplier writing and filling prescriptions to whoever ask for the drugs.
The court has held two bail hearings and both times have denied bail to the doctors, agreeing with the prosecution’s claim that the two are flight risks, even though their passports have been taken away.
Talking to the Bolsavik by telephone, Dr. Van’s brother Quang Phu Van, a lecturer at Yale University, disputed this contention. “They have no passports, so where can they go,” he asked rhetorically. He believes the prosecution’s case is so weak they needed to withhold bail to pressure the couple into a plea bargain. “Because they wouldn’t be able to prove their case at trial.”
Dr. Van’s sister, Lana Van has been in Biloxi ever since the arrest, taking a leave of absence from her job as a pharmacist in Orange County.
She told the Bolsavik, “The press made a big deal from the fact that patients came from far away to see the doctors, as if that’s evidence the doctors are dealing drugs. But the fact is, Dr. Trieu and Dr. Van are the only doctors in several states that accept poor patients and charge very little or sometimes not charge at all.”
Both the brother and the sister cannot believe that the doctors could be guilty of the allegations against them. Speaking to the Bolsavik separately, they each told stories of how scrupulously honest Dr. Victoria Van and her husband are, and neither would believe she could write a prescription that’s not appropriate for the patient.
As evidence of the prosecution’s overreach, Lana Van sent the Bolsavik excerpts from Dr. Van’s second bail hearing before a magistrate judge. Under cross-examination by Dr. Van’s attorney, the lead investigator admitted that they never asked any doctor or medical authority to look at the prescriptions to see if they were appropriate. (The excerpts don’t have the direct examination, so the Bolsavik can’t say what’s in there.)
Quote from the transcripts:
Question by Mr. Michael Crosby, attorney for Dr. Van:
Let’s go specifically to Dr. Van, have you taken any of her records to any doctor, or to anyone who knows what they are talking about, not just guessin, not an agent, not a DEA agent, but somebody who really is in a position to make that determination, and asked them to review this and say, I see that on this occasion that what happened here was medically wrong?
Answer by DEA Agent Terry Davis:
We have not talked to any other doctors of yet, not.
Q.: But you have hired an expert, right?
A: Yes.
Q: But you didn’t ask the expert about Dr. Van and show Dr. Van’s medical records, right?
A: What I am telling the Court is –
Q: Yes or no, please.
A: Your Honor, I am going to give you the short answer in one second, which is no, with a brief explanation of, we are still reviewing those medical records, and as such, the expert obviously hasn’t had time to review the large array of those medical records.
Q: Do you understand that while you are reviewing those records that a doctor is incarcerated and sleeping on a pad in a jail, a board-certified doctor? Can you give the Court a time frame when you think that this might — could be done and accomplished?
Mr. John Meynardie, prosecutor: I guarantee you it will be done by trial, Judge.
With both parents held, the couple’s young children are staying with his grandparents in their small home — and they have no cars. The cars they have been driving are under Dr. Trieu’s name and had been seized.
The attorney has put up a web site just for this case, here. On the site are pages and pages of testimonials by patients and others who knew Dr. Van and Dr. Trieu, attesting to their character and the care they gave.
The true character of the 2ndpatient is fully exposed and this is the type of persons the doctors and pharmacist are socializing with. Junkies are Junkies and always Junkies and you can not modify their behaviors to discuss civilably.
Lol, wow actualpatient2 is definitely exposed. This just shows how classy you are. I can’t believe the you are accusing young Vietnamese of not knowing where we came from. Well you can’t speak for us, what do you know about my culture besides the war? You’re just angry because we don’t agree with you.
Actualpatient- My fellow classmate is disgusted by this story. Medication error is something that we are drilled with everyday. We watch videos from former doctors and pharmacist who speaks about the tragedy of med error. This comes from careless errors, not intentionally like the situation we are dealing with now. As a part of their sentencing, they must educate and stress the importance of writing and filling a prescription to med students. You can see the heartache in their eyes because these kinds of error resulted in fatality. It’s something that they would have to live with for the rest of their life. Every time we watch these videos, it’s just sad because of one careless mistake can become so tragic.
No doubt that Dr. Trieu knows what he’s doing and still convinced himself that it’s ok is disgusting to me. This story was brought up during our normal lecture/discussion and opinions just start flying everywhere. One student states that this is no longer a crime of greed, but murder. An educated doctor like Trieu, he should have been more careful when one of his patient died under his care. He should evaluate the situation as to what can I do to prevent this and apply it to other patients. He continues to screw other people over by his greed thinking that he can get away with it. The damn board let this happened 11 times and just letting it slip on by. My professor is fuming with this situation. He always tells us that it’s by law we practice under oath and don’t let anybody influence us otherwise. He emphasized that greed has ruined a lot of fine doctors and professionals. He hopes that being with him long enough, we take the positive aspects of our practice and become professionals who are in it for the passion and not money. Because of unethical doctors like Trieu, us newbies are constantly drilled with extra courses on medical law.
Medical Student,
Wow. Thank you for your post. As I read it the second time something new occured to me. I have been so consumed with the question-
“Why was he doing this when he knew he would be busted?”
Greed never fit for me because he had to know he wouldn’t be able to keep the money once he got busted. After reading your post a new question occured to me
“Why was he doing this when he knew people would die?”
Maybe that’s the answer. As crazy as it seems, maybe he kept doing it BECAUSE he knew people would die. Maybe he’s just a serial killer. I don’t want you all to think I’m a wacko but when I look at it from all the angles it fits. After the first death or the second or the third, there was no “heartache” or regret for Trieu. Why not? The doctors and pharmacists on the films you’ve seen at school all were filled with heartache and regret, not just because they made professional mistakes, but because they are human.
The big difference here is Trieu’s patients were healthy and in no need of medical assistance, and he kept giving so many people this same combination of drugs, even AFTER nine of them died. And whats just now occuring to me is that HE KNEW people were going to die. After all those deaths he absolutely had to know more would die. And if he knew people would die, that means it was intentional. Thats murder. And he kept on causing these deaths, using the same method, until he was stopped. Thats a serial killer.
Maybe the others were guilty of greed but I’m starting to think Trieu is guilty of 1st degree murder, and maybe hundreds of counts of attemted murder. At the very least, the felony murder rule applies here don’t you think?
ActualPatient2, hm, washing your mouth after taking one of the many medications prescribed by your disgraced Dr Trieu / Dr Van and before posting would help to keep your “oral odor” out of this blog. If this doesn’t work, get help from a psychiatrist for a Haldo Decanoate stat.
ActualPatient, yes, it’s a little pathetic not to be able to get away from … Bosavik when ActualPatient2 happens to be vacationing in such a … beautiful place as stated
Don’t you think?
Netress,
Once a blogger has been exposed the way 2ndactual has, they’re of no use when it comes to information or opinion, but he does give us true insight to the types of patients Trieu was handling. When blogging about something this serious, you have to weed out the ignorant. They will always tell on themselves within a few posts.
In his first post he tried very hard to sound serious, educated and un-biased with what he hoped came off as thoughtful, lucid arguments on behalf of Trieu. As soon as I attacked him, he rolled over. It never fails. Of course, as you saw, by the end he just became belligerent and abusive as people do when backed into a corner.
The psychology behind these types is interesting to me. I believe he’s exactly the type of person Trieu targeted. I attacked him right away because in the very first post he stated he was a patient on “occasion”, he didn’t want to admit the every month thing. Addicts hide the facts that may expose them. After saying “on occasion” he went on to describe Trieu’s policies, the changes, and the declination of the practice on almost a week to week basis.
He told on himself in the first sentence, saying fioricet is not a barbiturate or a narcotic. He then googled it and corrected himself. I’m sure he’s taken it and he got no high off it, considering he’s into morphine based drugs he wouldn’t get any reaction from barbiturates. I took 2 of those things (thinking they were like Motrin or something) and became so stoned I had to leave work. I went home and researched it and was amazed that it was an addictive barbiturate because they gave me 90.
2ndactual stated his frustration with his life since the raid on Trieu’s office. Quote “Now, It is impossible to get the meds i need and can afford for my chronic cough” I noticed the word meds was plural. Later when trying to rehabilitate himself and his credibility he claimed to have a masters degree and a lot of money. Most people with decent jobs have insurance and the cost of the meds is of no concern. The only time insurance refuses to pay for meds is if you try to buy it more than once a month.
The traveling thing is a very common lie people tell doctors in order to get xanax. I’ve been talking to one of my former psychiatrists and he said he never prescribes the 2 mg xanax bars to his patients who take it. .5 mg or maybe 1 mg. He’s very interested in this case and is all the way in Wisconsin. My current doctor didn’t want to discuss Trieu at all.
2ndactual also stated his frustration with other Dr.’s refusing to sell him the scripts he preferred because these Dr’s were “influenced by the news story”. Trieu would actually ask what YOU wanted. Most Dr’s ask what your ailment is and prescribe what they think is best.
2nd then went on to claim he was a friend of the families. People like this will make up any lie, on the spot, to support whatever argument they are making at the time. When in actuality, the man just wants to vent about the difficulty he’s having acquiring his drugs now.
Addicts hear of other addicts overdosing and dying and blame the victim not the dealer. This one stated that the overdose victims combined street drugs with the “medicines” Trieu prescribed.
Drug addicts hate to admit they are common junkies, as would anyone. They go so far as to say things like I have no drug problem, until I can’t get them. This actually seems a reasonable argument to them. But mostly an addict outs himself by contradicting his own lies, and any doctor would have been able to see through this patients lies right away, and if Trieu cared at all about this mans health he never would have given him all these drugs. I doubt Trieu would have been surprised if this person overdosed and died. Trieu should go to prison for the rest of his life.
P.S.
I’m glad bolsavik decided not to delete 2ndacuals posts for this person represents exactly what we’re talking about when we discuss the doctors crimes.
Thank you bolsavik.
So now all of the accuseds are out on bail. Is it a political coup for them and their families?, a molding public opnion for the soon to be selected jury? or the DEA’s “soon to die” case?. Stay tune for additional indictments from the DEA and the State for the 12 related deaths which will be anounced in September(?).
Hi all:
good discussion going on here…
medical student is quite articulate and hasn’t misspelled a word yet! my compliment! my screen name is a play off one of your remark…
i say, let the court decides. if michael miliken the junk bond king can get away with what he did then if trieu and van can make a deal, let them do it…
only because the DEA got involved doesn’t mean absolute guilt. if you read the papers regularly, you will know about prosecutors and cops lying onthe stands all the times…the government will take the most it can take…
also, junkies are junkies. these doctors didnot caude them to be junkies so don’t tell me sob stories about how their lives get ruined by every one else but themselves…
i like actual patient 2 ‘s passion and I like it! people need friends and defenders like you
dr van is 2 years above me, and I know her briefly, and for all it is worth, she is a dedicated doctor who is willing to help others and patients and is quite compassionate to patients. you each can chose to believe me or not, up to you…i don’t know trieu at all so i have no idea…
poor children though…
actualpatient, you are truly a WACKO !
actualpatient Says:
August 14th, 2008 at 9:56 pm
“As crazy as it seems, maybe he kept doing it BECAUSE he knew people would die. Maybe he’s just a serial killer. I don’t want you all to think I’m a wacko but when I look at it from all the angles it fits.”
Actualpatient’s argument is logical but hard to sell. His purpose is getting rich quick and fast at all costs and disregard for human life. Say a drunk reckless driver does not intent to kill anyone, he just wants to get his destination and he convinces himself that he is not going hit anyone. Does he know that he is going to kill someone?, NO. did he intent to kill anyone? NO. was he educated about “drinking and driving” YES. Most likely, when goes to trial, he will be convicted and serve jail time. So in this Doctor case, did he intent to kill any patient, NO. Did he abuse his medical practice privillege?. assuming that HE DID, than getting a conviction for murder is not an out of reach thing, isn’t it?.
“actualpatient Says:
August 14th, 2008 at 9:56 pm
Maybe the others were guilty of greed but I’m starting to think Trieu is guilty of 1st degree murder, and maybe hundreds of counts of attemted murder. At the very least, the felony murder rule applies here don’t you think?”
No, I don’t think so! The new indictment on 9/10/08 has a total of 60 counts, not a single one of them with murder charges as WACKO actualpatient had suggested.
http://media.sunherald.com/smedia/2008/09/12/16/indictment.source.prod_affiliate.77.pdf
Whether or not he was charged with it, eagle, the felony murder rule applies in this case. It’s a controversial law that states if a person dies while you are committing a felony, you are guilty of murder. This law is mostly aimed and street dealers and armed robbers. This mans patients died. Whether it was on purpose (making him a serial killer) or a by product of his business (drug dealer whose clients overdosed) the law applies to this case. Trieu’s lawyer is the one who said they are laying the ground work for charging him with a law designed to discourage and punish crack dealers. The “jury pool” is of no concern at all here, this case will never, ever go to trial and if it does it will be a bench trial.
Learn about the history of the law in Mississippi before you try to speak intelligently about it’s future, or the future of this case. You have no idea what this law is yet say you don’t think it applies because he wasn’t charged with it on Sept 10th. And then you call me a wacko.
I heard from the rumor that Dr. Van’s father, the pastor, is working in the background and hooking up with some highpowers in washington to pressure the government to drop the charges against Dr. Trieu and Dr. Van. The DEA should look into this scheme and find out if there is any stinky stuff is going on.
Can you provide more information on this?
You know, I think this is really messed up. There are worse crimes out there and my tax dollar is being spent on this. The way I see it is, they were trying to help the poor people. Evidently welfare is a hard to obtain and keep netting for the people. A system within itself that is half a**ed backwards! These Doctor’s may have messed up, but they are human. How many times have I heard, “well a cop let me go with a warning because bla bla bla…” A cop will disregard the law when he see’s a good Samaritan. An honorable judge in court will give less of a penalty or none at all when judging a person’s past character. It happens folks, that’s the reality! These people aren’t your drug dealers in the streets. They were just trying to help! I may not be a judge in law, but a judge in character…does anyone realize that this is going to come back and hurt their children? Then there is the possibility of those children growing up needing therapy and medication and tax payers having to pay for it. Is it worth it? I mean come on, look at there character and personality. I could trust these people in my own home and with my kids. It also sounds like they put everything on the line to help the unfortunate people.
If there is something that I am missing, please fill me in. To the prosecutor, I dare you to write back to me with your reasoning to put these 2 in jail other then they broke the law! You want a debate? You got it! I support this Veit family. Even if they did it for greed, for there family. We all live in a greedy society anyways. I think the prosecution is just looking to make money for there pockets. You know there is no justice in placing these people in jail! A simple fine may be the more appropriate way, but I think they already lost enough! Think about their children! I seriously doubt that these doctor’s just woke up one day and said let me kill people. Come on people, think about this!
There are people who are truly samaritans and some are not. The true samaritan will walk straight, in the bright light, and will not ask for recognition, not even for financial gain. To break the law in order to become a samaritan is nothing but a crook. The evidences included in the indictment show a sizable material wealth these two doctors possessed. Do the math and you will see it does not fit, does it?. Neither these two doctors come from a weathly family, so do not tell me that they inherited a large sum of money. The doctor’s brother knows what he is in and smart enough to plead guilty for a lesser charge. You missed it badly.
I really liked your article. Keep up the good work.
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Can you provide more information on this? and where i can find rss of your blog?
Can you provide more information on this? I’ve been looking
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Doctors arrested for drug abuse? More common than you think:
http://www.deadiversion.usdoj.gov/crim_admin_actions/crim_actions_mr.htm
I have checked out a few of your posts and found some great information, just wanted to say thanks there is so much garbage out there, it’s nice to know some people still put time into managing there sites.
They always say time changes things, but you actually have to change them yourself.
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