Michael J. Sacopulos, Esq.
Jeremy Pompeneo, a recovering methamphetamine addict, sporadically went to the Verde Valley Guidance Clinic in 2005 and 2006 for counseling and prescriptions for psychiatric medication. Additionally, he went to another facility for inpatient psychiatric care because of “psychotic episodes induced by amphetamines,” that had been prescribed by the Clinic’s staff.
After seeing his therapist on October 17, 2006, Jeremy Pompeneo (“Pompeneo”) went home, stabbed his girlfriend to death and then attempted suicide by taking an overdose of medication.
Pompeneo was indicted for first-degree murder.
The victim’s parents sued the Clinic for their daughter’s wrongful death.
Pompeneo filed a medical malpractice action against the Clinic and alleged that the Clinic failed to: (1) prescribe appropriate medication; (2) obtain prior medical records; (3) admit him to the hospital for treatment; and (4) warn others about his mental state. Pompeneo sought damages for lost wages, loss of personal freedom, loss of civil rights, pain and suffering, severe emotional distress, and mental anguish.
Although the Clinic prescribed the medication to treat his mental illness, Pompeneo presented no evidence to show that he had taken the medication or was under its influence at the time he committed the murder. Moreover, there has been no showing of a compensable injury that would allow recovery for his pain and suffering that resulted from stabbing his girlfriend to death.
After considerable litigation, the court dismissed Pompeneo’s claim against the Clinic.
I don’t know much about legal procedures in medical practice but in layman’s point of view, if this case won, everyone would be using that same strategy to justify murder and win claims over medical malpractice.
All physicians know the inherent risks of treating addicted patients. It is especially difficult for behavioral clinics that “specialize” in these kinds of patients, who are the most “flaky” of all possible legal exposures. There are certain caveats one should always consider when treating or medicating an addicted psych patient:
1. Always have a proctor in the room when you see these patients, even if you don’t have the patient undress
2. Develop clear and concise, and above all consistent guidelines that you follow, especially if you prescribe anti-psychotic or mood-altering drugs. A “point system” would be helpful…suggesting that you gather symptoms and “credit” them with a certain number of points…to demonstrate “consistency.” The patient “qualifies” for the drugs based upon the point values you collect.
3. Any time a patient offers you sexual favors for drugs, escort them out of your office. These “patients” could also be state investigators pretending to be patients.
4. Anti-psychotic and mood altering drugs have a wide range of untoward drug interactions when “mixed” with common, even OTC medications. Know your mood altering drugs well, and stick with the ones that you are used to. Always know what the patient is taking.
5. The right question is: “How much do you drink each day and in what form?” Not “Do you drink alcohol?”
This is by no stretch of imagination a run of the mill case. Two prominent psychiatrists (one of them employed by the State) testified that it was “negligent to have given [Pompeneo] Adderall after he had two psychotically — two psychotic episodes induced by amphetamines. It was negligent to give Concerta” … “Even a third year resident would have known not to give Concerta”. “As I noted o the prosecutor, it is my opinion, within a reasonable degree of psychiatric certainty, that, but for the addition of amphetamines to the defendant’s prescribed medications, the alleged offense would not have occurred. It was negligent to have prescribed [Concerta].”
One of the psychiatrists stated unequivocally: “With [Pompeneo] being on Concerta, with him with a diagnosis of bipolar at that time, and then adding methamphetamine or other drugs on top of it, it is a cocktail of disaster”. What is most troubling here however, is that this sick kid didn’t “go” home to kill his girlfriend! After stating unequivocally to his therapist what he intends to do, providing him with a written letter, and pleading for help, he was driven home by the very “genius” therapist home! How the therapist got off the hook for “failing to warn” the victim, the victim’s family, and the authorities, is beyond shocking. Perhaps it is not uncommon in Arizona? I don’t know. If you take the time to peruse through the testimony, you will also discover that apparently the nurse who prescribed the “goods” to this kid didn’t even have necessary authorization and/or credentials to do so at the time. Similarly, why the victim’s family settled this case out of court is beyond a common sense explanation. But, nothing with this case makes much sense, at least the common sense!
Sadly, this is to often the case within the VVGC. As a consumer (SMI) I have struggled for many a year with this orginization to accept responability for there actions. In my research with the help from Dr. Thomas Szasz, and Dr. John Breeding (both can be found on You Tube) and as part of the Absolunist Coalition Group-Human Rights issues founded by Dr. John Breeding, we need to educate ourselves to the truths of mental health. It is not in medications that we know do not connote to any patholgy of mental illness. In my opionon from my personal dealings with Robert Cardia CEO, Mony Bounderandt Director, or Franciacs Gauliardi Medical Director, none of the above have the honor nor respect to appropriatly deal with something such as mental illness. Since their is no patholgy to prove any diagnosis for mental illness, nor any patholgy to prove any medication works. A quote from Dr. Thomas Szasz “Medical doctors use patholgy to connote disease, PSCHIATRISTS use lawyers. Food for thought, we need to Re-cognitize our belief systems.