DOCTOR Anthony “Tony” Stearns, through his attorney Sean Frink, and the U.S. Attorney’s Office for the Districts of Guam and the NMI represented by Assistant U.S. Attorney Jessica Wesling have reached a settlement agreement, and are requesting the federal court to dismiss the civil complaint against the physician with prejudice.
“With prejudice” means the complaint cannot be filed again.
According to the stipulated request for dismissal with prejudice, the parties have resolved the entire lawsuit by way of a written settlement agreement.
“The parties respectfully request that the court expeditiously enter the concurrently provided proposed Order of Dismissal. The court’s entry of such Order of Dismissal will result in the dismissal of this entire lawsuit with prejudice, with each side to bear its own fees and costs, with the court retaining jurisdiction for the purpose of enforcing the terms of the settlement agreement, if necessary….,” the stipulation added.
Dr. Stearns has denied the allegations in the civil complaint which accused him of dispersing opioid painkillers without Drug Enforcement Agency exemption in violation of the Controlled Substance Act.
Dr. Stearns said he accepted patients for care who were already addicted to prescription medicines and largely otherwise abandoned by other care providers.
Dr. Stearns said he treated these patients in a manner consistent with a good faith clinical care process aimed at addressing their primary pathologies, while maintaining awareness of their addiction circumstances.
The civil complaint, for its part, asked the court for an order penalizing Dr. Stearns $67,627.00 for each alleged violation, totaling $24,142,839.
According to the complaint, DEA reviewed select patient files of Dr. Steams from 2015 to 2020, and conducted an investigation of his controlled substances prescribing activities from October 2016 to January 2020.
The DEA also reviewed patient files and prescription records for five particular patients.
