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Federal Court Bars Ohio Doctor from Prescribing Opioids and Orders $4.7 Million Judgment for Illegal Distribution

Updated: Sep 16

The allegations against Dr. Gerber included unlawfully issuing prescriptions without a legitimate medical basis, resulting in the death of a patient from an overdose of fentanyl patches.



A Sandusky, Ohio-area physician, Dr. Gregory Gerber, MD, has been barred by a federal court from prescribing opioids and other controlled substances. The court also ordered him to pay $4.7 million for violating the Controlled Substances Act (CSA) and the False Claims Act (FCA).


The allegations against Dr. Gerber included unlawfully issuing prescriptions without a legitimate medical basis, resulting in the death of a patient from an overdose of fentanyl patches. Additionally, he was accused of receiving kickback payments from a drug manufacturer in exchange for prescribing Subsys, a potent opioid drug containing fentanyl.


The U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio said, “Gerber’s patients trusted him. But instead of safeguarding that trust, Gerber accepted payments from a drug company in exchange for prescribing dangerous, addictive drugs and wrote thousands of prescriptions that were not for a legitimate medical purpose. Our office will use all available tools — civil and criminal — to fight the opioid epidemic and protect patients and their families so that doctors like Gerber do not profit from abusing our healthcare system.”


Gerber has accepted a consent judgment to resolve the accusations in the complaint. The court's ruling now bars Gerber from prescribing opioids or other controlled substances, as well as from overseeing, owning, or controlling any establishment that distributes controlled substances.


Additionally, Gerber is obligated to pay around $4.7 million under the FCA. In a separate criminal case filed by the United States Attorney's Office, Gerber was handed a 42-month prison sentence in March, along with one year of home confinement.


“Ignoring the law by distributing prescriptions to opioids for illicit profit harms the communities that physicians are meant to help,” said Executive Assistant Director Michael D. Nordwall of the FBI’s Criminal, Cyber, Response and Services Branch. “The FBI is glad that Gerber will not be able to prescribe controlled substances ever again.”




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