PITTSBURGH – A primary care physician who cleared Lt. Gov. John Fetterman for public office ahead of a U.S. Senate debate against Dr. Mehmet Oz - and is a donor to Fetterman’s campaign - settled a lawsuit nine years ago that said he allegedly prescribed a dangerous mixture of drugs that led to the death of an Allegheny County woman.
Records from the Allegheny County Court of Common Pleas show that in December 2012, Dr. Clifford Chen agreed to settle negligence, survival and wrongful death claims brought against him and a nurse practitioner by the son of a former patient, Anna Randolph, who allegedly died of drug-induced toxicity. That $25,000 settlement was on behalf of all defendants - Margaret Beaver and Chen, doing business as Community Family Practice.
Fetterman's performance in a recent debate with Oz has sparked media coverage, including Politico reporting Fetterman was "struggling at times to effectively communicate — missing words, pausing awkwardly and speaking haltingly." The New York Times said the Democrat Fetterman was "showing stroke effects."
The suit, originally filed in June 2009 by Randolph’s son Keith Tipple, alleged that Chen and nurse practitioner Beaver incorrectly authorized an increase in dosage of anti-anxiety medication alprazolam (more commonly known under the brand name Xanax) for Randolph, following the death of her husband on April 16, 2007.
The suit added that the combination of alprazolam, along with medications Randolph was already previously prescribed and taking - including fluoxetine, metoclopramide, methotrexate, trazodone and tramadol - made Randolph increasingly lethargic before taking her life on April 20, 2007, just four days after her husband’s death.
The suit alleged Chen and Beaver acted negligently in prescribing the aforementioned combination of drugs for use by Randolph, and that such negligence was the proximate cause of her death.
Defense counsel countered that Randolph had failed to disclose the list of medications she was already taking before Chen and Beaver prescribed her alprazolam and that Randolph failed to properly follow the drug’s instructions as to dosage and frequency.
In response, plaintiff counsel denied that Randolph was responsible for her own death and further denied that she in any way failed to cooperate in her medical care and did not provide accurate information as to the medications she was already taking.
Just ahead of a November 2012 trial and after a suggestion by the court at a pre-trial conference that October, the parties reached and accepted a settlement of $25,000, in exchange for a release of all claims against Chen and his co-defendant. The case was then closed on Dec. 27, 2012.
After he suffered a stroke in May, Fetterman’s campaign team released a letter from Chen, his primary care physician, on Oct. 15, which cleared the lieutenant governor for work in public office.
“Overall, the Lt. Governor is recovering well from his stroke and his health has continued to improve. His physical exam was normal with blood pressure 116/82, heart rate 80 and pulse oximetry 97 percent on room air. His lung exam was clear, heart rate was regular and his strength was normal in all four extremities without any strength or coordination deficits. He spoke intelligently without cognitive deficits. His speech was normal and he continues to exhibit symptoms of an auditory processing disorder which can come across as hearing difficulty,” Chen’s letter stated.
“Occasional words he will ‘miss,' which seems like he doesn’t hear the word, but it is actually not processed properly. His hearing of sound, such as music, is not affected. His communication is significantly improved compared to his first visit, assisted by speech therapy, which he has attended on a regular basis since the stroke.”
Chen added that Fetterman “takes appropriate medications to optimize his heart condition and prevent future strokes, exercises routinely and can walk four to five miles regularly without difficulty.”
“Overall, Lt. Governor Fetterman is well and shows strong commitment to maintaining good fitness and health practices. He has no work restrictions and can work full duty in public office,” Chen’s letter said.
Campaign finance records provided by the Federal Election Commission show that Chen donated $1,330 to Fetterman’s campaign in the past 17 months.
Since his stroke in the spring, Fetterman’s health has been the center of debate in Pennsylvania’s hotly contested race for the U.S. Senate. During an interview with NBC News last month, Fetterman acknowledged the stroke “changes everything," but also insisted he is fit to serve in federal office, were he to be elected.
“I don’t think it’s going to have an impact. I feel like I’m going to get better and better, every day. And by January, I’m going to be, you know, much better. And Dr. Oz is still going to be a fraud,” Fetterman remarked.
Allegheny County Court of Common Pleas case GD-09-007104
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com