NH physician assistant convicted of taking kickbacks for prescribing fentanyl spray

One week after his trial began, a New Hampshire physician assistant has been found guilty of participating in a scheme in which he wrote fentanyl prescriptions in exchange for kickbacks.

According to testimony during the trial, Christopher Clough, 44, of Dover, became a frequent prescriber of the fentanyl spray SUBSYS after being approached by a representative of the drug’s manufacturer, INSYS, in June 2013.

The spray had been approved by the Food and Drug Administration to treat breakthrough cancer pain.

From approximately June 2013 through the fall of 2014, Clough wrote more than 750 prescriptions for the fentanyl spray in New Hampshire, including more than 225 prescriptions for Medicare patients.

The Medicare program paid over $2.1 million for these prescriptions, officials said.

During the time he was writing these prescriptions, INSYS paid Clough to serve as a speaker at more than 40 programs at a rate of about $1,000 per event.

In many instances, the programs were merely sham events where Clough was paid to have dinner with employees or representatives of the pharmaceutical company, but during most dinner programs, Clough did not give any kind of presentation about the drug.

Clough and others often forged signatures of attendees on sign-in sheets in an effort to make the dinners appear to be legitimate.

Evidence at trial demonstrated that Clough received over $49,000 in payments from the drug manufacturer.

Prosecutor Seth Aframe told the jury that the drug company worked on a “no scripts, no program” model, meaning if Clough didn’t write the prescriptions, then wouldn’t be asked to do the speaking engagements.

Federal investigators said Clough often prescribed the drug for patients who didn’t need it and rebuffed him when they said they no longer wanted the drug.

Clough was convicted Tuesday of one count of conspiracy and seven counts of receipt of kickbacks in relation to a federal healthcare program.

He faces up to five years in prison on each count of conviction when he is sentenced on March 29.

Officials said fentanyl deaths are soaring in New Hampshire and they hope Clough’s conviction sends a message.

“Health care providers should make their treatment decisions based upon the needs of their patients, not their desire to pad their wallets,” U.S. Attorney Scott Murray said. “Corporate money should not be allowed to influence a patient’s medical decisions, especially when it comes to prescriptions for a powerful opioid drug like fentanyl. When providers are influenced by kickbacks, this can have tremendously bad consequences for patients. I thank the jury for thoughtfully reviewing the evidence and rendering this important verdict that shows that corruption in the health care field will not be tolerated.”

Clough is set to be sentenced in March. He faces up to 5 years in prison on each count.

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