Dr. Seetharaman Ashok

MEDICAL BOARD RECORD—C 54457
LICENSE STATUS/DISCIPLINARY ACTIONS
License Renewed & Current; no disciplinary actions as of 06/26/2016

Nurse fondled himself in Hanford operating room, says co-worker’s sexual harassment lawsuit

  • In addition, lawsuit accuses doctor of touching, kissing surgical technician without consent
  • Adventist Medical Center-Hanford spokeswoman says allegations of cover-up are false
  • Kings County judge expected to make key ruling on lawsuit Jan. 26

Sexually harassed at work, a surgical technician at Adventist Medical Center-Hanford took a cellphone video of one of her tormentors fondling himself in the operating room while a patient was undergoing a medical procedure, a lawsuit filed in Kings County Superior Court says.

The graphic details, as well as the cellphone video evidence, were made public Thursday by Fresno attorney Kevin Little, who accused the hospital of trying to cover up the alleged sexual harassment of the surgical technician and her friend who witnessed it.

“The only way to describe it is shameful,” Little said during a news conference.

The lawsuit accuses Dr. Seetharaman Ashok of touching and kissing surgical assistant/technician Nuvia Green without her consent and making inappropriate comments about her. Little said hospital surveillance cameras also show Ashok “grabbing Green and pushing his private parts toward hers.”

According to the lawsuit, Amy Miller, an imaging technician who is a friend of Green, witnessed the harassment. When the doctor found out, he made a “false allegation of misconduct and incompetence against Miller,” the lawsuit says.

Little said Green and Miller reported the harassment to hospital officials, but no action was taken against Ashok, a urologist.

Ashok wasn’t the only one harassing Green, Little alleges.

From July to September last year, Richard McGrory, a nurse administering anesthesia, began to expose himself to Green in the operating room during surgeries, the lawsuit says.

Green reported McGrory to hospital officials, Little said. Because hospital officials did nothing to stop his behavior, Green decided to videotape McGrory with her cellphone in September without his knowledge. The video shows a man dressed in scrubs exposing himself and masturbating.

Little said the video was taken in an operating room while a patient was undergoing a procedure. Little told reporters that after McGrory gratified himself, he remained in the operating room until the procedure was completed and then, without washing his hands, helped the patient recover.

Green and Miller are seeking unspecified damages for sexual harassment, unlawful sexual battery in the workplace and retaliation.

Green and Miller, who have worked at the hospital seven years, are still employed at Adventist. Ashok, who has a contract with the hospital, still has his privileges there, Little said. McGrory, however, was allowed to resign, Little said. “But they gave him a great recommendation so he could work at another facility,” Little said.

Little said he filed a complaint with the California Board of Registered Nursing months ago, “but they have done nothing” to revoke McGrory’s license. Board spokeswoman Michelle McVay could not immediately comment Thursday on the specific case.

According to California Department of Consumer Affairs online records, McGrory’s nursing licenses are valid with no disciplinary actions.

McGrory could not be reached to comment. A telephone call to Ashok’s office was not returned.

Hospital spokeswoman Christine Pickering said: “We don’t discuss pending litigation; however, employee and patient safety is our highest priority.” She also said any allegations of cover-up against Adventist Medical Center-Hanford are false and misleading.

“Adventist Medical Center-Hanford has pledged to preserve a work environment free from sexual harassment,” Pickering said.

“For the protection of all our employees and patients, we actively seek to prevent sexual harassment with information and policies in our employee handbook as well as training for all our employees. All complaints are treated seriously and kept as confidential as possible. In addition, our policy expressly forbids any retaliation against employees for reporting sexual harassment,” Pickering said.

Court records say the lawsuit was filed in August and amended in October after Green videotaped McGrory.

Little said Green took her video because the hospital refused to turn over its surveillance video of the alleged harassment. He said his clients decided to make their lawsuit public after hospital officials reminded them that they had signed an agreement that compels them to participate in arbitration in lieu of filing a lawsuit. Little said that because the arbitration is confidential, his clients wanted to go public to ensure hospital officials are held accountable.

“They want a public finding that what happened was wrong and a remedy so it won’t happen again,” Little said.

But the plaintiffs’ hopes could end this month. Lawyers for the hospital have filed a motion to dismiss the lawsuit. A Kings County judge is expected to rule on Jan. 26 whether the lawsuit can go forward.

If the lawsuit is allowed to go forward, Little said what happened to his clients “is just the tip of the iceberg.” According to Little, when hospital officials confronted McGrory, he wondered why he was being singled out. McGrory then allegedly told hospital officials that his act was nothing compared to other employees having sex in the operating rooms, Little said. (LINK) — 01/21/2016

Suit alleges sex acts at Hanford hospital

  • Adventist declines to comment on pending litigation

A lawsuit filed against Adventist Medical Center in Hanford claims two male providers committed numerous acts of sexual misconduct against female co-workers.

Fresno attorney Kevin Little, who is representing the women, released information about the case to the media this week. The lawsuit was filed on Aug. 17, 2015. Little said the hospital has asked to halt the proceedings and resolve the case in arbitration, an alternative form of dispute resolution.

A Kings County Superior Court judge is scheduled to decide on Tuesday whether to grant those requests.

“I think my client has always hoped this would be resolved,” Little said, referring to why he publicized the information months after the suit was filed. “All they’re trying to do is cover it up.”

Adventist Health spokeswoman Christine Pickering said the organization does not discuss pending litigation and makes the safety of its employees and patients its highest priority.

“Any allegations of cover-up against Adventist Medical Center, Hanford, are false and misleading,” Pickering said. “When we were made aware of these allegations, we treated them seriously and confidentially.”

Pickering said the Hanford hospital has policies to prevent sexual harassment, as well as forbidding retaliation against employees who report sexual harassment.

The lawsuit claims that Adventist Health urologist Seetharaman Ashok “engaged in a pattern of harassment” of surgical technician Nuvia Vanessa Green between late 2013 and July 2014. The suit says those actions consisted of inappropriate remarks, sexual overtures and non-consensual sexualized touching, including forcibly kissing Green, “wantonly smacking and grabbing her in a sexual manner in erogenous zones” and “pushing his private areas against her.”

The lawsuit further claims that Green reported Ashok’s actions to hospital management, but no “immediate or effective remedial measures” were taken. Ashok reportedly retaliated by “spreading false rumors of her alleged consent to his sexual misconduct.”

The lawsuit also alleges that Ashok retaliated against imaging technician Amy Miller, who is a friend of Green, by making “false allegations of misconduct and incompetence regarding Miller.”

The lawsuit alleges that between July and September 2015, nurse practitioner Richard McGrory harassed Green by “inappropriately exposing himself to her in the workplace” and making “inappropriate comments.” The suit alleges McGrory exposed himself “during surgical procedures” and in full view of Green.

Little released a video Thursday that shows a man in medical scrubs pull down his pants and gratify himself while a patient appears to lie on an operating table. He said Green shot the video on her cellphone in September 2015 in an effort to protect herself and document the misconduct.

The video Little sent to The Sentinel via email doesn’t show the man’s face or offer any indication that the act took place at Adventist Medical Center. The patient is covered except for his or her hand.

Little said the original unedited video does show McGrory’s face.

The lawsuit was amended in October 2015 to include the acts in the video.

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The lawsuit claims Green and Miller suffered economic losses and “severe emotional distress, humiliation, embarrassment and mental anguish.” The plaintiffs are seeking damages and legal fees for sexual harassment, sexual battery and other related claims.

According to the lawsuit, Green has required “medical leave and treatment as a result of the harassment and retaliation she was suffering” since September 2015.

Little said Green did not provide the video to the Hanford Police Department because she said officers allegedly failed to pursue a report she filed in 2014 regarding the harassment.

“They took an incident report and, as far as I know, nothing happened,” Little said.

Little said Green has filed complaints with the hospital and the California Board of Registered Nurses.

Michelle McVay, a spokeswoman for the Board of Registered Nursing, said she could not confirm or deny whether a claim had been filed.

“The Board of Registered Nursing will look into the matter of Richard McGrory,” McVay said.

Hanford police Lt. George Hernandez said Green filed an incident report in May 2014 but was reluctant to press charges due to fear of retaliation. Hernandez said Green requested the report for documentation purposes only.

“If she wanted to press charges, we would have run with it,” Hernandez said. “The officer who took the report complied with her wishes.”

Hernandez said he could not discuss the report further because no charges were filed. He confirmed that Hanford police do not have the video. He said the alleged acts could be considered a crime if performed in public or if a victim presses charges.

“You have to have a victim to have a crime,” Hernandez said.

Little said that he does not believe the patient who was on the operating table in the video has been notified.

“That would be the hospital’s obligation to do that,” Little said.

Rissa Stuart, the Hanford attorney representing Ashok and McGrory, could not be reached for comment Friday.

Pickering said Ashok and McGreary are independent medical practitioners and are not employed by Adventist Medical Center in Hanford. (LINK) — 01/22/2016

Dr. Alireza Sadeghi

MEDICAL BOARD RECORD—MD.201082
LICENSE STATUS/DISCIPLINARY ACTIONS
Active; no disciplinary actions as of 06/23/2016

Prominent doctor arrested during court appearance

Dr. Alireza Sadeghi, a prominent plastic surgeon, was arrested at Orleans Criminal District Court Monday.

His arrest came right in the courtroom, just before a scheduled court appearance on forcible rape and voyeurism charges.

Judge Laurie White blasted the Orleans District Attorney’s Office for having Dr. Sadeghi arrested before his first appearance in court. This amid new allegations of child pornography.

Sadeghi and his attorney Ralph Whalen arrived at Criminal Court around 9 a.m.

Thursday, a grand jury indicted the prominent plastic surgeon on forcible rape and video voyeurism charges. According to the indictment, the doctor committed the crimes over several years.

Prosecutors dropped a potential bomb shell in court when the doctor’s attorney asked for a reduction in his $2 million bond.

Assistant district attorney Jason Napoli revealed investigators found numerous instances of child pornography on Sadeghi’s cell phone, and that he may somehow be involved in a much larger ongoing investigation.

Sadeghi has not been charged with any crimes concerning the pictures. The doctor’s attorney’s sent out a statement, saying Sadeghi denies the “horrific allegations,” and he claimed the charges stem from a bitter divorce and custody battle with his ex-wife.

Sadeghi was booked into the Orleans Parish jail Monday morning, but was released later that afternoon after posting bond.

Sadeghi’s attorneys are seeking a speedy trial. A motion on the evidence is set for May 31, and the trial date is set for August 15. He has surrendered his passport and was ordered to stay away from the alleged victim. (LINK) — 05/16/2016

Uptown surgeon Dr. Sadeghi used me to make $357,000 payment after affair, Lamborghini driver claims

The Uptown plastic surgeon who accused the driver in a fatal Lamborghini crash of cashing millions in forged and unauthorized checks used the driver to make a $357,000 "severance package” payment to a former staffer with whom the doctor had carried on a sexual relationship, according to the driver’s response to a civil lawsuit.

Jason Adams, 30, a former business partner of Dr. Alireza Sadeghi, 40, asserts that he’s always acted in good faith with the physician, who was aware of their financial transactions and participated in them, the response says.

Surgeon accused of rape suing Lamborghini driver in fatal crash for millions in forged checks

Dr. Alireza Sadeghi is suing Jason Adams for more than $3.8 million in unauthorized checks.

“Mr. Adams believes this lawsuit is completely baseless and without any merit,” said David Courcelle, Adams’ attorney, who filed the answer to Sadeghi’s lawsuit in Jefferson Parish on Tuesday (Oct. 25).

Attorneys for Sadeghi declined to comment because the case is in litigation.

Sadeghi, a plastic surgeon and owner of Aesthetic and Reconstruction Breast Center, filed suit against Adams on Sept. 24, accusing Adams of cashing more than $3.8 million in unauthorized checks from the business to pay for personal expenses and other ventures while Adams handled the surgery center’s financial operations.

Before the civil petitions began flying, both men were arrested in unrelated criminal cases in Orleans Parish. Sadeghi pleaded not guilty to second-degree rape and five counts of video voyeurism, accused of raping his former wife and recording videos of her and other unconscious patients without their consent.

Meanwhile, Adams was charged with vehicular homicide in the May 4 death of Kristi Lirette, 23. Adams was driving 118 mph with a blood-alcohol content of .11 percent – over the legal 0.08-percent legal limit – when his Lamborghini crashed into a floodwall on Tchoupitoulas Street in New Orleans, police said. He has pleaded not guilty in the criminal case.

In Sadeghi’s civil lawsuit, Adams is accused of cashing a number of unauthorized checks from Sadeghi’s business between March 5, 2015 and Jan. 28, 2016, including a $2 million check.

Adams countered, saying Sadeghi knew and trusted him to act in the doctor’s best interests, so much so that Sadeghi asked Adams to handle a “very sensitive matter as a result of an intimate sexual relationship with his” (Sadeghi’s) employee, according to the response to the civil suit.

Sadeghi negotiated a severance agreement with the unidentified employee, paying her $357,000 and a desktop computer in exchange for her promise not to sue for wrongful termination, sexual harassment and other grounds, according to a copy of the severance agreement included with the lawsuit response.

Adams paid the employee through his company, Elite Medical Enterprises LLC., at Sadeghi’s instruction, the lawsuit says.

Adams asserts that he did not forge Sadeghi’s signature on the $2 million check, as the doctor’s lawsuit alleges. It was Sadeghi who suggested the loan, which was to be used to purchase a building, Adams’ filing says. Sadeghi signed the check and received a promissory note.

When Adams thanked Sadeghi for the money, Sadeghi responded that he was happy to do so because it removed cash from his community property ledgers while he was going through a “nasty divorce,” the lawsuit response says.

Adams denied any wrongdoing in the matter.

Adams “never unlawfully converted any funds belonging to the plaintiffs, never forged any signatures, never breached the imaginary fiduciary duty that plaintiff assert… and never breached any alleged oral contract,” the response says. “Any discussions and dealings were always fully understood, open and transparent.”

Calling Sadeghi a well-education physician, Adams’ response says the doctor directed all the financial transactions and regularly checked his bank account, making it unlikely that he was unaware that more than $3.7 million had left his account without his permission.

Adams’ attorneys asked the court to dismiss Sadeghi’s lawsuit. (LINK) — 10/26/2016

Dr. Albert J. Sharf

MEDICAL BOARD RECORD—G 72122
LICENSE STATUS/DISCIPLINARY ACTIONS
License Renewed & Current; Accusation filed; Misdemeanor Conviction

Superior Court of California, County of Orange

Albert J Sharf pled nolo contendere to one count of violating vehicle code section 23152(a) (Driving while under the influence of alcohol.) and one count of violating vehicle code section 23152(b) (Driving with blood alcohol level 0.08% or higher). Sentence: Three years informal probation with terms and conditions.

From Medical Board of California documents:

(a) On or about July 22, 2015, at approximately 09:06 p.m, a Newport Beach Police Officer (officer) observed vehicle debris lying in the roadway, causing a traffic hazard near the area of E. Coast Highway and Iris A venue in Newport Beach, California. Officer activated his rear warning lights and removed several large pieces of vehicle debris, including a portion of a black bumper along the north curb. While doing so, officer observed two cars stopped along the north curb in front of him. Both cars had collision damage consistent with debris left in the roadway. A black BMW, California License No. 6XKL715 (BMW) with damage to the driver’s side rear bumper was stopped in front of a black Jaguar, California License No. 6BSV537 (Jaguar) which had damage on passenger’s side front bumper. Officer contacted two males standing on the sidewalk next to the damaged cars. Driver of BMW, identified by his California Driver’s License (CDL) as A.P., stated that he was traveling westbound on E. Coast Highway when he was struck from behind by the Jaguar. A.P. identified respondent as the driver of the Jaguar. Officer identified respondent by his CDL. Respondent told officer that he was traveling westbound on E. Coast Highway when the BMW abruptly stopped in front of him; respondent was unable to stop and collided with BMW. Respondent admitted that he was the driver of the Jaguar at the time of the collision.

(b) During officer’s contact with respondent, officer observed that respondent displayed objective symptoms of intoxication, including slurred speech, bloodshot and watery eyes, and an odor of alcoholic beverage emanating from respondent’s person and breath. Officer also observed that respondent had unsteady gait and was unbalanced while standing at a stationary position.

© Officer administered a series of field sobriety tests (FSTs) on respondent, who performed poorly. Respondent provided two breath samples to a Preliminary Alcohol Screen device (PAS), which showed respondent to have a 0.17% breath alcohol content (BAC) and a 0.17% BAC, at approximately 9:42 p.m. and 9:45 p.m., respectively. Respondent provided two evidentiary breath samples and the results were 0.16% BAC and 0.16% BAC, at approximately 10:12 p.m. and 10:15 p.m., respectively. Respondent was arrested for Driving Under the13 Influence of Alcohol on July 22, 2015, at approximately 10:15 p.m., and transported to Newport Beach Police Department jail for processing.

(d) On or about August 18, 2015, the Orange County District Attorney filed a Criminal Complaint against respondent in the matter of The People of the State of California v. Albert J Sharf, Superior Court Case No. 15HM08348. Count One charged respondent with driving under the influence of drugs and/or alcohol, in violation of Vehicle Code section 23152, subdivision (a), a misdemeanor. Count Two charged respondent with driving with a blood alcohol content level of 0.08 percent or more, in violation of Vehicle Code section 23152, subdivision (b), a misdemeanor. As to both counts, a special allegation was charged alleging that respondent had 0.15% or higher BAC at the time of the crime, in violation of Vehicle Code section 23578. (e) On or about November 13, 2015, respondent was convicted upon his nolo contendere plea to all counts. After his plea, respondent was given a three-year, informal probation, which included the following terms and conditions of probation, among others: 5 days of jail, stayed, pending completion of 40 hours of community service in lieu of jail, 3 month DUI program, and various fines and fees.

(f) On or about March 30, 2016, respondent participated in a subject interview at Department of Consumer Affairs, Investigation Enforcement Unit, 4995 Murphy Canyon Road, Suite 207, San Diego, CA 92123. During this interview, respondent described the circumstances surrounding his DUI incident, among other things. Respondent admitted that

1) he consumed 5 or 6 drinks of “hard liquor” before driving his car,
2) he “blacked out” and is unable to remember “what happened” once he had “all those drinks,” and does not remember getting into his car after drinking,
3) there was significant damage to his own car necessitating a repair of approximately $10,000,
4) he publicly became intoxicated and endangered his own life and the lives of others, and
5) he could have killed himself or somebody else.

(LINK) — 05/19/2016

Dr. Victor Siew

aka Victor Boon Huat Siew

MEDICAL BOARD RECORD—G 32104
LICENSE STATUS/DISCIPLINARY ACTIONS
License Renewed & Current; No public record actions as of 06/13/2016

Orange County doctor indicted for drug trafficking; 4 patients died of overdoses

A federal grand jury has indicted an Orange County doctor and his two physician assistants for drug trafficking, saying they issued prescriptions for dangerous and addictive narcotics including oxycodone and methadone without a medical purpose.

Within days of seeing Dr. Victor Boon Huat Siew, at least four patients he wrote prescriptions for died of drug overdoses, according to the 56-count indictment made public Monday. Those deaths occurred in 2009, 2010 and 2013, according to the indictment.

Siew, 65, of Laguna Beach, is accused of seeing “patients” at his Fountain Valley clinic — some of whom were addicted to drugs, and some of whom were undercover law enforcement officers — and issuing prescriptions outside the usual course of professional practice.

According to the indictment, Siew and his employees allegedly wrote prescriptions for narcotics for “patients” who often paid cash for office visits that typically involved only the most cursory examination, if at all.

Siew and his employees repeatedly wrote prescriptions for oxycodone and methadone, according to authorities.

Medical professionals who prescribe dangerous drugs without a medical need are harming patients and threaten entire communities… — U.S. Attorney Eileen M. Decker

“Opioids such as oxycodone and methadone can bring substantial benefits to patients who truly need these drugs,” said U.S. Attorney Eileen M. Decker. “But narcotics such as these also threaten the lives of people who abuse the drugs or become addicted. Medical professionals who prescribe dangerous drugs without a medical need are harming patients and threaten entire communities when these drugs are diverted to the black market.”

The indictment charges one count of conspiracy to distribute controlled substances and 55 counts of illegal distribution of a controlled substance by a practitioner. Each of the defendants is charged in multiple, but not all, the distribution counts.

Siew is due to surrender Tuesday while physician assistant Thanh Nha T. Pham, 45, of Fountain Valley has agreed to surrender to authorities this week. The second physician assistant, Kaitlyn Phuong Nguyen, 31, was arrested by federal authorities in the Bay Area.

Each of the charges carries a maximum sentence of 20 years in federal prison. (LINK) — 06/13/2016

Dr. Victor B. Siew, 2 Assistants Indicted for Alleged Over-Prescribing; 4 Patients Died

A Fountain Valley-based physician and two of his assistants prescribed oxycodone, methadone and alprazolam to patients despite no “legitimate medical purpose,” according to a federal grand jury indictment unsealed Monday that notes four recipients died days later.

Dr. Victor B. Siew, 65, of Laguna Beach, is expected to surrender to authorities before his initial court appearance in Santa Ana this afternoon, says Thom Mrozek, the U.S. Attorney’s office spokesman.

Siew’s assistant Thanh Nha T. Pham, 45, of Fountain Valley, is expected to surrender to authorities later this week, while the other, Kaitlyn Phuong Nguyen, 31, of San Jose, has already been arrested in Northern California, Mrozek says.

Siew, Nguyen and Pham began dispensing prescriptions for the drugs illegally beginning in January 2009, according to the indictment, which notes the physician assistants would dole out scripts when the doctor was away from the office.

According to the indictment:

  • One patient died two days after Siew prescribed methadone, alprazolam, hydroxyalprazolam, desalkyflurazepam and nordiazepam.
  • Another died of an overdose three days after receiving a prescription from Siew.

  • A third died of “acute polydrug intoxication” eight days after Siew prescribed methadone, alprazolam and amphetamine salts.

  • The fourth patient also died eight days after receiving a Siew prescription.

The indictment also alleges two different patients received prescriptions for multiple drugs from Nguyen that had been “pre-signed” by Siew. (LINK) — 06/14/2016

Dr. Richard Rucker

aka “Richard Michael Rucker”

MEDICAL BOARD RECORD—G 61070
LICENSE STATUS/DISCIPLINARY ACTIONS
License renewed & current; Misdemeanor conviction; Limits on practice; Probation

Dr. Richard Michael Rucker’s Medical License on Probation due to DUI Crash

Dr. Richard Michael Rucker, a veteran internist out of Los Alamitos, had his license to practice medicine in California placed on four years probation due to a conviction for a drunken driving crash.

Affiliated with Long Beach Memorial Medical Center, Rucker received his medical degree from Virginia Commonwealth University School of Medicine.

His license was put on probation effective 5 p.m. last Friday, and he is now prohibited from supervising physician assistants, according to the Medical Board of California.

Around 7 p.m. on New Year’s Eve of 2012, Long Beach police officers rolled up on Rucker, who was standing near a car with a damaged front end, which was directly across from another with rear-end damage. Rucker told a cop he came around a corner but was unsure what happened after that, according to the medical board report.

A responding officer noticed Rucker had slurred speech, bloodshot and watery eyes, an odor of alcohol on his breath and poor coordination—tell-tale signs of driving under the influence. He went on to fail a field sobriety test, and a blood analysis later determined his blood alcohol content was 0.25 percent.

Rucker pleaded guilty in May 2013 to willfully and unlawfully having driven under the influence and was sentenced to 36 months probation, 10 days of community labor and a requirement to complete a nine-month alcohol and drug education program, a Mothers Against Drunk Driving victim impact program and abstain from drinking alcohol and businesses where that is the chief item for sale. He also had to pay a fine and restitution to the crash victim.

The conviction was the first cause for discipline under state rules, notes the medical board, which also slapped Rucker for having put himself and others in danger, failing to inform the board of the conviction in writing within a required 30 days, demonstrating an unfitness for practicing medicine and for further violating the Medical Practices Act.

Rucker, who signed off on all the medical board allegations and disciplinary steps, must during the probationary period abstain from drugs and alcohol, undergo drug and booze testings, undergo psychotherapy, attend support group meetings, have his ability to practice medicine evaluated and, if necessary, corrected, attend group meetings, inform his employer and supervisor of the state action against him and obey all laws.

Failure to do any of that could lead to proceedings to terminate Rucker’s license, according to the medical board. (LINK) — 06/09/2016

Dr. James Pero

(aka James Edward Pero)

Dr. Pero’s wife, Stephanie Pero

MEDICAL BOARD RECORD—70281
LICENSE STATUS/DISCIPLINARY ACTIONS
License revoked; Limits on Practice; Prior Probation Completed; Decision Pending Effective Date; Probation; License Suspended

Decision 1/11/2017
Decision 8/29/2016

Medical board asked to take action against T.O. doctor on probation

A Thousand Oaks urologist ordered to stop treating patients due to an alleged medical probation violation faces the possibility of having his doctor’s license revoked or suspended.

The Medical Board of California is being asked by its staff to revoke Dr. James Pero’s probationary status. Regulators cited an April blood test they said showed Pero consumed alcohol.

Last year, Pero was placed on a five-year probation by the medical board with terms that include complete abstention from alcohol.

Pero, 54, was convicted in Ventura County Superior Court in April 2013 of a misdemeanor involving driving with a blood alcohol level of 0.08 percent or higher. He also admitted to having a minor in the car.

According to the medical board records, Pero has convictions for driving under the influence in 2000 and 2002. He successfully completed a three-year medical board probation in 2008.

Pero did not return phone calls asking for comment. He has the right to ask for a hearing on the medical board action and contest allegations, said Susan Wolbarst, a public information officer for the state medical board.

If he doesn’t ask for a hearing, his probation will be revoked, jeopardizing his license, she said.

Regulators ordered Pero to stop practicing in late April after saying a blood test showed alcohol consumption.

According to the medical board’s allegations, Pero explained the blood test by saying green bottles of real beer were mixed in with similarly colored bottles of nonalcoholic beer at a backyard party. He later signed a statement saying he drank beer at the party, according to medical board officials. (LINK) — 05/16/2016

Local doctor stays on probation

A Thousand Oaks urologist told by regulators in April to stop his medical practice has been given another chance at probation.

The ruling from the Medical Board of California clears the way for Dr. James Pero to resume his practice under a five-year probation if he meets conditions that include a clinical diagnostic evaluation, 30 days of biological testing and final clearance from regulators.

In the spring, Pero was issued a cease-practice order stemming from a blood test that regulators said showed he had consumed alcohol.

The test violated the terms of a probation that came after Pero was convicted of a misdemeanor in Ventura County Superior Court in April 2013 of driving with a blood-alcohol level of 0.08 percent or higher.

According to board records, Pero was convicted of driving under the influence in 2000 and 2002. He also completed a medical probation in 2008.

The cease-practice order was followed by board staff asking that Pero’s probation be revoked. At a hearing in June, Pero admitted drinking beer at his son’s birthday celebration, according to board documents. He said the cease-practice order was like a sledgehammer and made him seek treatment.

He went through a treatment program in Santa Monica and attends support group meetings daily, according to testimony at the hearing.

Physicians from Ventura County and the director of a treatment program spoke in support of Pero at the hearing. The hearing led to a ruling to keep Pero on probation.

“He has demonstrated sincere remorse for his probation violation and has taken steps to ensure that he maintains his sobriety and fully complies with his board probation,” according to the ruling. “… Outright revocation would be overly harsh and unduly punitive.”

Cassandra Hockenson, spokeswoman for the board, said the ruling gives Pero a second chance but does not automatically allow him to start practicing.

“We don’t want him to do anything now until we’re convinced he’s met these terms and conditions,” she said, referring to steps including evaluation and testing.

The probation also includes support group meetings, continued testing, worksite monitoring and a ban on supervising physician assistants.

Pero, in a phone interview Tuesday, said he’s eager to resume his practice.

“I look forward to being able to take excellent care of my patients, as I have for the past 25 years,” he said. (LINK)—09/28/2016

Thousand Oaks doctor’s medical license set to be revoked

State regulators are revoking a Thousand Oaks doctor’s medical license and taking away his ability to practice, after he was given an apparent reprieve in August.

The revoked license comes after a blood test that investigators said showed alcohol in Dr. James Pero’s blood, violating terms of his medical probation. The Medical Board of California ruling becomes effective Feb. 10.

In a November hearing before an administrative law judge in Los Angeles, the longtime urologist rebutted the conclusion, saying he hadn’t consumed any alcohol.

His lawyer, Kathleen Duggan, said the case will be appealed, declining any other comment. Pero has been a doctor for more than 26 years and was once vice chief of the medical staff at Los Robles Hospital & Medical Center in Thousand Oaks.

The revocation follows a chain of events that includes Pero being placed on medical probation after a 2013 court misdemeanor conviction for driving with a blood-alcohol level of 0.08 percent or higher.

According to medical board records, the doctor was also convicted of driving under the influence in 2000 and 2002. He completed a three-year medical probation in 2008.

In May, board officials petitioned to revoke the doctor’s probation after a blood test showed alcohol. They had already issued an order to temporarily stop his practice of medicine.

Pero went through treatment and attended daily support groups, according to testimony at a June hearing.

In August, the medical board decided to give the doctor a second chance at probation with conditions that included not drinking again.

The newest petition to revoke Pero’s probation came after the blood test. Pero maintained his innocence.

“The fact is that I haven’t drank any alcohol since April of this year,” he said in a letter cited in board documents, suggesting there was either a problem with the test or the result may have been affected by his use of an ethyl alcohol-based disinfectant spray.

Pero said he used about a half-gallon of the disinfectant over three days in cleaning his garage and storage shed. The theory was called implausible in medical board documents.

Judge Julie Cabos-Owen said Pero has an exemplary work record and cited letters and testimony from colleagues. In ruling for revocation, she said the priority was in protecting the public.

Cassandra Hockenson, spokeswoman for the medical board, said Pero could apply to have his license returned in three years but said prior medical board violations are considered.

“The chances of getting your license back are slim,” she said. “It’s no guarantee by any stretch.” (LINK) — 1/21/2017

Dr Joseph Kenan

aka Joseph Naylor Kenan, Joe Kegan

MEDICAL BOARD RECORD—66080
LICENSE STATUS/DISCIPLINARY ACTIONS
License renewed & current; no actions listed.

CBS News Video—09/08/2011

Child custody expert linked to lewd Web photos

Joseph Kenan was removed from one case and has been challenged in others after posting the photos.

A prominent Beverly Hills psychiatrist who has helped decide hundreds of child-custody disputes was thrown off one recent case and has been challenged in at least two others after posting lewd photos of himself on Facebook and allegedly promoting illegal drug use, unprotected sex and male prostitution.

Dr. Joseph Kenan, president of the American Society for Adolescent Psychiatry, is also being investigated by the Medical Board of California on at least four complaints by parents who hired him to do custody evaluations, according to records and correspondence reviewed by The Times.

Among the postings on Facebook and other websites under the slightly different names of “Joe Kegan” and “Joe Keegan” were photos showing Kenan baring his buttocks to the camera in public and another of him posing with a friend holding a cake that explicitly depicted a sexual act, court records state.

The litigation over Kenan’s fitness sheds light on a highly influential, but lightly regulated, group of experts — the evaluators who advise family courts in contested custody cases. Evaluators can earn fees of tens of thousands of dollars for assessing parents’ fitness.

Critics of the system say the courts do a poor job of overseeing the work of people who often play pivotal roles in the lives of vulnerable children. A recent state auditor’s report faulted two courts in Northern California for how they vet custody evaluators’ qualifications and training.

Kenan’s detractors have been particularly vehement.

“This man should not be allowed to determine whether any father or mother is a good parent,” said Deborah Singer, who persuaded a court commissioner to remove Kenan from her child-custody case last year after she discovered explicit postings on Facebook and elsewhere on the Internet.

Singer and another parent who sought to disqualify Kenan, Deborah Zolla, say their concerns were sparked, in part, by his demands for tens of thousands of dollars, which they considered excessive fees, to develop custody plans for their children.

Kenan declined to be interviewed for this article. In a written statement submitted in Singer’s case, he said the Facebook page was never meant for public viewing. He closed it and asked other websites to remove photos of him, Kenan wrote.

“Ms. Singer misunderstands the bawdy humor I occasionally present to my friends, as evidenced by some of those pictures. I do NOT promote what she is concerned I promote. My comments are entirely in jest. In fact, my comments serve to educate the community’s problems through satire.”

Kenan’s lawyer, Donald S. Eisenberg, said the doctor’s private life had no bearing on his professional performance. He said Kenan’s detractors were unhappy with his evaluations or trying to avoid paying his fees. In court papers, he called the allegations inadmissible hearsay, conjecture and innuendo.

“His entire livelihood is being crushed by information … that is quite irrelevant to the work he does,” Eisenberg said. “These allegations show what lengths, in some litigation, that people will go to try to unwind unfavorable opinions expressed by qualified experts in their child custody cases.”

Singer and Zolla, who also cited the Internet postings, made their objections to Kenan before he completed evaluations in their cases.

At a hearing last Aug. 3, Family Law Commissioner Steff Padilla dismissed Kenan from Singer’s case after reading descriptions of Facebook photographs in her disqualification motion.

In at least one other case, however, a court commissioner in Pasadena ruled the other way, denying a mother’s request to remove Kenan from a case involving the custody of her 11-year-old daughter.

“You’re saying Dr. Kenan should be disqualified because of a goofy Facebook page. What on earth does it have anything to do with this court?” Commissioner Mary Lou Katz asked in denying the removal motion.

State law sets requirements for evaluators, but county courts oversee their appointments and handle any complaints. The Los Angeles County Superior Court requires private evaluators like Kenan to submit sworn declarations detailing their training and experience, including at least three years of working with families in custody disputes, but does not vet the information or conduct background checks.

Court records show that Kenan, 41, has been involved in at least 250 custody cases in the last 10 years. Kenan began working with the court’s custody evaluations office as a medical intern in 2002 and was a part-time employee there from 2004 to 2009, said Margaret Little, Superior Court family law and probate administrator.

When he became a private contractor, his name was added to a directory posted on the court’s website, Little said. The list is for the convenience of parents seeking a private evaluation and is not meant to be an endorsement, she said.

Court officials told The Times they had received no complaints about Kenan.

Unlike evaluators on the court’s staff, who work at a fixed rate, private evaluators set their own fees, which can be more than 10 times as much, sometimes leading to clashes with clients.

Singer paid Kenan a $7,500 retainer last May, court records state, and she and her lawyer said they were taken aback when he later asked for tens of thousands of dollars more to finish his report.

Her attorney, Dennis E. Braun, said in court papers that Singer already had custody of her daughter, now 5, and supported her financially. Singer’s estranged husband had barely seen the child in two years, was serving a one-year jail sentence for a probation violation and faced additional felony charges upon release, the records state.

When Kenan asked for an additional $35,000 and offered to send a “runner” to her house for a $20,000 check, she became alarmed and researched him on the Internet, leading her to the explicit photos, her court papers say. After he was removed from the case, Kenan voluntarily returned the $7,500 retainer to Singer, who later won full legal and physical custody of her daughter.

Some of Kenan’s Facebook postings — all since taken down — appeared to promote illicit drug use, including a picture of a woman holding a large straw while kneeling on a mirror with lines of white powder. Another was a photo of Kenan with a party banner that read “It’s snowing,” a phrase alleged in court papers to refer to crystal meth or cocaine.

Sheriff’s deputies have been called to Kenan’s home at least twice, records show, once in late 2007 to quell a raucous party and again last Oct. 23 on a report of a possible drug overdose death. The death proved to be from natural causes and no drugs were found in the dead man’s body. But coroner’s investigators found a burnt meth pipe in the room where he died.

“Dr. Kenan has no idea what that is, or where it came from,” his lawyer, Eisenberg, said of the pipe. “He is not a drug user, has never been a drug user and denies any drug use. Period.”

Many of Kenan’s Facebook postings were explicitly sexual and included ads for parties he co-hosted at nightclubs, including some that appeared to promote unprotected sex. One ad promoted a gay porn site and Rentboy.com, which features male escorts for hire.

“If any of my clients were doing what he’s doing, trust me, they would lose custody of their kids,” Braun said. “Yet, he is the one making recommendations to the courts — and which the courts have been following.”

Hours after he was disqualified from Singer’s case, Kenan took himself off the court’s directory of evaluators, although he continued to work on some custody cases and accepted at least one new one — Deborah Zolla’s — last October. Days before a March 2 disqualification hearing in that case, Zolla and her estranged husband settled their custody dispute, rendering Kenan’s involvement moot.

As word of his removal from Singer’s case has spread, however, other clients have complained to the medical board or sought to boot him from their cases.

Some lawyers who have worked with Kenan said he was well regarded.

Anja Reinke, a veteran family law attorney, said that although she hasn’t always agreed with Kenan’s recommendations, she’s had no major problems working with him on a half dozen or so cases. Kenan “quickly got a very good reputation” and was particularly knowledgeable in cases involving complex mental illnesses, she said, adding: “I think he’s competent.”

A volunteer assistant clinical professor at UCLA, Kenan is nearing the end of his term as president of the American Society for Adolescent Psychiatry, which has about 250 members.

Dr. Dean De Crisce, the president-elect, said that Singer complained about Kenan to the association but that it lacks the “legal, financial, and investigative power” to act on complaints and relies on investigations by other bodies, including state medical boards.

Kenan “is respected for the work he does” and his fees are in line for someone with his background, De Crisce said. As for Singer’s reaction to the photos, he said: “It’s understandable that those were not pictures of the kind of person she would want to determine the fate of her family.” (LINK) — 02/27/2011

Would you pay this man $7,500 to decide whether you are a fit parent? New film exposes the dark underbelly of the $50bn a year divorce industry in the US

‘Joe Kegan’s’ Facebook page featured pictures of himself strutting his stuff in bondage clothing — wearing chains across his chest and black leather chaps, but no pants.

Another photo of a sign hanging from a balcony during one of his parties read, ‘It’s snowing!’ — generally a reference to cocaine or meth in use.

And a flyer for his birthday party was entitled ‘The Dysfunctional Family.’ It promised, ‘BB (bareback) anal sex with strangers following the event!’

For his day job, Kegan was actually Dr. Joseph Kenan, a Beverly Hills psychiatrist and child custody evaluator. He charged thousands of dollars to determine whether parents were fit to care for their children.

This sordid story is among the multitude of shocking revelations in the new documentary ’Divorce Corp,’ now playing in selected theaters. The film is scheduled to run through January 16.

Kenan’s double life was discovered by Deborah Singer, a mother whom the psychiatrist evaluated, and her attorney, Dennis Braun.

In ‘Divorce Corp,’ Singer and Braun relate how Kenan showed up at Singer’s home in an Aston Martin sports car to interview her.

‘He was dressed very well,’ Singer says. ‘But he didn’t know my name, and didn’t know my husband’s name.’

Singer says Kenan seemed anxious and was sweating.

‘I sat down with him; he put a microphone in front of me and said, tell me about birth to 10 years old,’ Singer says.

‘My instinct was that something was wrong.’

Afterwards, Kenan took Singer’s check for $7,500 and went directly to her bank to cash it.

Shortly after that, Braun says in the film, he had lunch with a friend. They happened to run into Kenan.

The friend knew Kenan — and knew that he had a Facebook page full of lewd images.

‘There was one after another of shocking photos of sex, porn stars and cocaine,’ Singer says in the film. ‘If I had one image like that on my Facebook page they would take my child away from me.’

Singer and Braun filed a petition with the court to have Kenan, who at the time was also president of the American Society for Adolescent Psychiatry, removed from her case.

In court documents quoted by the Los Angeles Times, Kenan said his Facebook page was not meant for public viewing and was shut down.

‘Ms. Singer misunderstands the bawdy humor I occasionally present to my friends, as evidenced by some of those pictures,’ Kenan wrote, according to the Times.

‘I do NOT promote what she is concerned I promote. My comments are entirely in jest. In fact, my comments serve to educate the community’s problems through satire.’

Kenan’s lawyer said his private life did not affect his professional performance.

In a hearing on August 3, 2010, Kenan was removed from Singer’s case, according to the Times. However, another mother who wanted Kenan removed was not successful.

‘You’re saying Dr. Kenan should be disqualified because of a goofy Facebook page,’ said Commissioner Mary Lou Katz. ‘What on earth does it have anything to do with this court?’

The Los Angeles Times reported in 2011 that Kenan had been involved in at least 250 custody cases over the previous 10 years, and court officials said they had received no complaints about him.

‘I found it somewhat disingenuous that the court would say they had not heard that Dr. Kenan was one of the questionable evaluators,’ attorney Braun says in the film.

When the story went public, attorney Braun says in the film, he received calls from 100 or more other women who felt they’d been mistreated by Kenan.

‘They were crying on the phone,’ Braun says.

Singer also filed a complaint against Kenan with the Medical Board of California.

But on Sept. 2, 2011, the Los Angeles Times reported that the state medical board had found insufficient evidence to bring disciplinary evidence against Kenan.

Singer received a letter from the board that stated, ‘A complete investigation was performed, including a subject interview. We then retained an expert witness to review the case, which resulted in a conclusive finding that there was no evidence of professional misconduct.’

Kenan’s attorney, Joel Douglas, said the photos did not reflect fairly on Kenan’s work.

‘Everybody is entitled to their private life, and the medical board, to its credit, was able to get away from the hue and cry and look at it objectively,’ Douglas said, according to the Los Angeles.

Kenan himself was interviewed in the Divorce Corp movie. He admitted that he was ‘able to hide things.’

He also said that becoming a child custody evaluator was easy. ‘It took my attending a two-day seminar that one could basically sleep through,’ he says.

Why did Kenan agree to participate in the documentary?

‘I think there are wrong things going on in the family court,’ Kenan said in an interview with the Daily Mail. ‘And my perspective … I thought would be helpful to people to help create change.’

Kenan says he is not free to discuss his involvement in Singer’s divorce or any particular case.

But he says, ‘I’ve done 350 cases. And I’ve learned that if you dig into anyone’s life far enough you find things that you don’t like.’

‘When you find out people have a sexual side, or have a life outside of what people are in court … what do you do with this information? You throw out all the custody evaluators?’

‘If you don’t know this side of humans, you may get shocked when you find stuff.’

In the film, Singer, the mother who booted Kenan from her case, says, ‘Do whatever you want in your private life, but you do not get to determine what is best for my child.’ (See link for the entire article and photos) (LINK) — 01/12/2014