Best American Crime Writing 2006 - Mark Bowden [80]
The result for Scheffey was, by the early nineties, litigation on a scale that has rarely been seen. By 1995 fifty malpractice suits had been filed against him for unnecessary or incompetent surgeries, overprescription of drugs, and other issues related to his bizarre willingness to perform operation after operation on people who apparently did not need them. One of those cases was that of Pete Dunstan, whose 1988 lawsuit offered another window into the strange and lethal medical subworld of Eric Scheffey.
When he began treating Dunstan in 1985, the patient was a healthy, athletic forty-four-year-old whose only problem was that he had strained his back. Scheffey told Dunstan that a disk in his back was about to rupture and performed a three-level fusion. A few months later Scheffey performed a two-level fusion on Dunstan’s neck, this time telling him that another disk was about to rupture. The fusions failed, leaving Dunstan crippled and in constant pain. His condition at the time he left Scheffey’s care can be summarized as follows: He had atrophy and weakness in his right hand due to an ulnar nerve Scheffey had damaged and difficulty urinating. He was impotent, severely addicted to painkillers, in unremitting pain, and, according to his doctors at the time of his deposition, would never work again. Scheffey settled out of court with Dunstan for $2.6 million, but Dunstan’s crippled, pain-racked condition suggests a reason why two other Scheffey patients in those years, Benny Norton and Charles Webster, committed suicide. (Both families sued Scheffey.)
By the mid-nineties Scheffey had already been deposed an astonishing ninety times, but the videotapes from some of those sessions offer few hints that he felt any remorse. When challenged, his approach was almost always to retreat into medicalese, droning on for hours about the more technically complex points of his surgeries. One video deposition from 1992 is typical: Scheffey, with a guardedly neutral expression on his face, answered questions with a sort of impenetrable, emotionless objectivity. He conceded nothing. One of the few press interviews he ever gave (to the Houston Chronicle, in 1995) suggests a deeply adversary cast of mind. “They [insurance companies] set out on a plan…They have kept me in hot water with the board with complaints about patients,” he said. “They managed to have me sued a number of times in such a manner that it made it difficult for me to get malpractice insurance…” Scheffey backed up such claims by mounting his own legal attacks against those whom he perceived to be harming him. He sued Barrash for slander three times. He sued an insurance company, whom he said had slandered him, winning a whopping $11 million in 1993. He also sued the media that had covered him, including NBC and the Houston Press, whose 1992 “Eric the Red” story was harshly critical of him. The Press settled out of court.
Yet none of his legal trouble seemed to deter Scheffey or make him change his behavior. His biggest problem was finding anyone to