Latest news with #Kestner
Yahoo
16-05-2025
- Health
- Yahoo
Pain clinic CEO faced 20 years for making patients ‘human pin cushions.' He got 18 months.
Pain MD CEO Michael Kestner leaves a federal courthouse in Nashville, Tennessee, followed by one of his lawyers, after being sentenced to 18 months in federal prison on May 14. (Brett Kelman/KFF Health News) NASHVILLE, Tenn. — Federal prosecutors sought a maximum prison sentence of nearly 20 years for the CEO of Pain MD, a company found to have given hundreds of thousands of questionable injections to patients, many reliant on opioids. It would have been among the longest sentences for a health care executive convicted of fraud in recent years. Instead, he got 18 months. Michael Kestner, 73, who was convicted of 13 fraud felonies last year, faced at least a decade behind bars based on federal sentencing guidelines. He was granted the substantially lightened sentence due to his age and health Wednesday during a federal court hearing in Nashville. U.S. District Judge Aleta Trauger described Kestner as a 'ruthless businessman' who funded a 'lavish lifestyle' by turning medical professionals into 'puppets' who pressured patients into injections that did not help their pain and sometimes made it worse. 'In the court's eyes, he knew it was wrong, and he didn't really care if it was doing anyone any good,' Trauger said. But Trauger also said she was swayed by defense arguments that Kestner would struggle in federal prison due to his age and medical conditions, including the blood disorder hemochromatosis. Trauger said she had concerns about prison health care after considering about 200 requests for compassionate release in other court cases. 'The medical care at these facilities,' defense attorney Peter Strianse said, 'has always been dodgy and suspect.' Kestner did not speak at the court hearing, other than to detail his medical conditions. He did not respond to questions as he left the courthouse. Pain clinics made millions from 'unnecessary' injections into 'human pin cushions' Pain MD ran as many as 20 clinics in Tennessee, Virginia, and North Carolina throughout much of the 2010s. While many doctors were scaling back their use of prescription painkillers due to the opioid crisis, Pain MD paired opioids with monthly injections into patients' backs, claiming the shots could ease pain and potentially lessen reliance on pills, according to federal court documents. During Kestner's October trial, the Department of Justice proved that the injections were part of a decade-long scheme that defrauded Medicare and other insurance programs of millions of dollars by capitalizing on patients' dependence on opioids. The DOJ successfully argued at trial that Pain MD's 'unnecessary and expensive injections' were largely ineffective because they targeted the wrong body part, contained short-lived numbing medications but no steroids, and appeared to be based on test shots given to cadavers — people who felt neither pain nor relief because they were dead. During closing arguments, the DOJ argued Pain MD had turned some patients into 'human pin cushions.' 'They were leaned over a table and repeatedly injected in their spine,' federal prosecutor Katherine Payerle said during the May 14 sentencing hearing. 'Over and over, month after month, at the direction of Mr. Kestner.' At last year's trial, witnesses testified that Kestner was the driving force behind the injections, which amounted to roughly 700,000 shots over about eight years, with some patients receiving up to 24 at once. Four former patients testified that they tolerated the shots out of fear that Pain MD otherwise would have cut off their painkiller prescriptions, without which they might have spiraled into withdrawal. One of those patients, Michelle Shaw, told KFF Health News that the injections sometimes left her in so much pain she had to use a wheelchair. She was outraged by Kestner's sentence. 'I'm disgusted that all they got was a slap on the wrist as far as I'm concerned,' Shaw said May 14. 'I hope karma comes back to him. That he suffers to his last breath.' KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF. This story can be republished for free (details). KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF. Subscribe to KFF Health News' free Morning Briefing. This article first appeared on KFF Health News and is republished here under a Creative Commons license.
CBS News
15-05-2025
- Business
- CBS News
Pain clinic CEO faced 20 years for making patients "human pin cushions." He got 18 months.
NASHVILLE, Tenn. — Federal prosecutors sought a maximum prison sentence of nearly 20 years for the CEO of Pain MD, a company found to have given hundreds of thousands of questionable injections to patients, many reliant on opioids. It would have been among the longest sentences for a health care executive convicted of fraud in recent years. Instead, he got 18 months. Michael Kestner, 73, who was convicted of 13 fraud felonies last year, faced at least a decade behind bars based on federal sentencing guidelines. He was granted the substantially lightened sentence due to his age and health Wednesday during a federal court hearing in Nashville. Pain MD CEO Michael Kestner leaves a federal courthouse in Nashville, Tennessee, followed by one of his lawyers, after being sentenced to 18 months in federal prison on May 14. Brett Kelman/KFF Health News U.S. District Judge Aleta Trauger described Kestner as a "ruthless businessman" who funded a "lavish lifestyle" by turning medical professionals into "puppets" who pressured patients into injections that did not help their pain and sometimes made it worse. "In the court's eyes, he knew it was wrong, and he didn't really care if it was doing anyone any good," Trauger said. But Trauger also said she was swayed by defense arguments that Kestner would struggle in federal prison due to his age and medical conditions, including the blood disorder hemochromatosis. Trauger said she had concerns about prison health care after considering about 200 requests for compassionate release in other court cases. "The medical care at these facilities," defense attorney Peter Strianse said, "has always been dodgy and suspect." Kestner did not speak at the court hearing, other than to detail his medical conditions. He did not respond to questions as he left the courthouse. Pain MD ran as many as 20 clinics in Tennessee, Virginia, and North Carolina throughout much of the 2010s. While many doctors were scaling back their use of prescription painkillers due to the opioid crisis, Pain MD paired opioids with monthly injections into patients' backs, claiming the shots could ease pain and potentially lessen reliance on pills, according to federal court documents. During Kestner's October trial, the Department of Justice proved that the injections were part of a decadelong scheme that defrauded Medicare and other insurance programs of millions of dollars by capitalizing on patients' dependence on opioids. The DOJ successfully argued at trial that Pain MD's "unnecessary and expensive injections" were largely ineffective because they targeted the wrong body part, contained short-lived numbing medications but no steroids, and appeared to be based on test shots given to cadavers — people who felt neither pain nor relief because they were dead. During closing arguments, the DOJ argued Pain MD had turned some patients into "human pin cushions." "They were leaned over a table and repeatedly injected in their spine," federal prosecutor Katherine Payerle said during the May 14 sentencing hearing. "Over and over, month after month, at the direction of Mr. Kestner." At last year's trial, witnesses testified that Kestner was the driving force behind the injections, which amounted to roughly 700,000 shots over about eight years, with some patients receiving up to 24 at once. Four former patients testified that they tolerated the shots out of fear that Pain MD otherwise would have cut off their painkiller prescriptions, without which they might have spiraled into withdrawal. One of those patients, Michelle Shaw, told KFF Health News that the injections sometimes left her in so much pain she had to use a wheelchair. She was outraged by Kestner's sentence. "I'm disgusted that all they got was a slap on the wrist as far as I'm concerned," Shaw said May 14. "I hope karma comes back to him. That he suffers to his last breath." KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling, and journalism.
The National
09-05-2025
- Politics
- The National
I tracked down Scottish Labour's London MSP candidate
TO Lewisham Town Hall, south London, there – somewhat improbably – to try and bump into Scottish Labour's candidate for Caithness at next year's Holyrood election. Some context: Labour have been taking pelters for selecting Eva Kestner, a councillor in London, as their candidate for the Highland seat. Her current patch is around 700 miles away from the constituency she supposedly wants to represent. Of course, Kestner knows she has about as much chance of becoming the MSP for Caithness, Sutherland and Ross as I do of becoming pope. Which is to say, remote but not completely impossible. But that's not what she told me on Wednesday evening. We'd yet to hear from the woman herself despite her taking a fair pasting on social media for being 'parachuted' into the seat last week. So we decided I'd go out to Lewisham Town Hall for the next annual general meeting of the council, to see if I might be able to grab Kestner for a quick interview while she was heading in. Eva Kestner is a Labour councillor in London ... running to be an MSP in Caithness, 650 miles away. 🥀 We approached her in London, where she squirmed through questions about the biggest issues facing Caithness - and denied being a paper candidate. — The National (@ScotNational) May 8, 2025 I got off the train and immediately saw a Portobello Brewing Pubco boozer, the Catford Bridge Tavern. Brilliant, I thought, there's a Scottish link right there. Sadly, I later found out that the titular Portobello refers to a part of London, not the sandy bit of Edinburgh. As I got closer, I spied a solicitor's office under the name 'Morrison and Spowart'. How Scottish can you get? Catford was feeling more and more like home with every step I took. Perhaps there was some Passport to Pimlico thing going on and Lewisham was actually an exclave of Scotland according to some long-lost treaty from the Wars of Independence. Robert the Bruce used to own property in Tottenham before Edward II nicked it off him, after all. The prospect of some ancient thane of Catford rattling around my mind, I got to the building and was roused from my daydreams by a small protest which had assembled outside the town hall. READ MORE: SNP national secretary 'threatens' members amid 'stitch up' claims They were there to protest Labour's benefits cuts. Lewisham, for the uninitiated, is effectively a one-party state. There is just one opposition councillor, a lonely Green. I asked around a bit to see if anyone had ever heard of Eva Kestner. Blank looks all round. A very pushy man tried to sell me a Trotskyist newspaper and produced a card machine when I told him I unfortunately had no cash. He said we thought we should have a general strike and I found myself very much in agreement if it meant he'd take the day off. Just as I was beginning to lose hope, I felt that instant twinge of recognition as I spied someone out the corner of my eye. Was that … ? Could it be that woman in pink smoking a fag … ? 'Eva!' I shouted, practically running up to her. She had just tossed the dowt and was heading back inside. I began filming, slightly breathless. Kestner, to her credit, was more game than I'd been expecting. She answered all the questions I put to her and didn't tell me to do one, which is what I'd have done in her shoes. She insisted she was a 'serious candidate', which given the ridiculousness of our interaction, I think we both knew was a lie. Her local connections? She 'worked for MSPs up there' back in the day. Game, yes. Convincing, less so. But that is a matter for the good people of Caithness. When Kestner ran for the equivalent seat in last year's Westminster election, they rewarded her with 3000 votes. She'd have had to double that just to get into second place. I don't think she'll be hiring a moving van any time soon. You can get The Worst of Westminster delivered straight to your email inbox every Friday at 6pm for FREE by clicking here.
The National
08-05-2025
- Politics
- The National
Scottish Labour London MSP hopeful squirms in 'paper candidate' grilling
The National asked Lewisham councillor Eva Kestner about her bid to become the MSP for Caithness, Sutherland and Ross outside a local authority meeting in south London on Wednesday evening. Asked whether she was a paper candidate, Kestner said: 'No, I'm not.'. Kestner insisted she would 'absolutely' move to the constituency, which is 650 miles away from the English capital, and claimed to have 'lots of connections' to the Highland seat. Arguing that the biggest issues facing the area were 'access to healthcare' and the 'dire' transport connections, the London Labour councillor added: 'I am a serious candidate that seriously believes in that area. 'I have lots of connections.' Pressed on her links to Caithness, Kestner replied: 'I worked for MSPs up there for a really long time, that's where I started my political journey.' In response to mockery that her desired seat is hundreds of miles away from her home, she said: 'I mean, it is what it is.' Kestner is among a raft of candidates who have been accused of being 'parachuted' into seats, with a row breaking out about the SNP's candidate in the Hamilton by-election not living in the constituency. Katy Loudon, who is running to defend the seat after the death of SNP minister Christina McKelvie, lives in nearby Rutherglen. Kestner ran for the Caithness, Sutherland and Easter Ross seat at last year's General Election, but lost to LibDem Jamie Stone. She came third on 3409 votes, with Stone holding a majority of more than 10,000 votes. At the last Scottish Parliament election in 2021, the Holyrood Caithness seat was won by the SNP's Maree Todd, who had a 2000 vote majority over her LibDem rival. Labour came fourth in the seat, picking up just 2016 votes. Anas Sarwar's party were predicted in a poll published earlier this week to languish in third place after next year's Scottish Parliament elections. Scottish Labour were predicted to gain just 18 seats in a poll conducted by Survation for True North Advisers, which also put Reform on course to become the second-largest Holyrood party with 21 seats. The same poll said there would be a Yes majority in 2026, with 66 pro-independence MSPs elected. The upcoming Hamilton, Larkhall and Stonehouse by-election is being viewed as a key test ahead of next year's election on the question of whether Labour can translate their Scottish General Election victories into Holyrood success or whether the SNP could secure another five years in power.
The National
30-04-2025
- Politics
- The National
Minister pans Labour for 'shipping in' London councillor to run in Highlands
Labour have selected Eva Kestner to contest the Caithness, Sutherland and Ross seat next year despite her living around 650 miles away in Lewisham, where she works as a councillor. It is the second time Anas Sarwar's party have selected her as a candidate for the area, after she ran in the General Election last year for the equivalent Westminster constituency. Public Health Minister Maree Todd, who currently represents the area for the SNP, said the area did not deserve to be represented by "more of the Prime Minister's cronies". READ MORE: What DWP powers to spy on bank accounts mean for you She said: "Given Labour's disastrous start in Government, it's no surprise that no one from Caithness, Sutherland and Ross is willing to back Keir Starmer as a local Labour candidate. 'Labour has form on shipping London-based candidates in to Scotland, and it's no wonder. "Labour is pulling out all the stops to support industry in England, but offering nothing for Scotland - particularly for my constituents in the Highlands. 'The people of the Highlands deserve real local champions – not more of the Prime Minister's cronies.' The selection of Kestner by Sarwar's party came in for heavy criticism on social media. Andrea Cowan, an SNP councillor in Rutherglen, questioned how the selection was acceptable after Scottish Labour accused the SNP of "parachuting" in Katy Loudon to contest the Hamilton, Larkhall and Stonehouse by-election. READ MORE: Tories demand John Swinney sacks SNP MSPs who backed Maggie Chapman Loudon does not live in the constituency but does stay just over the border in Rutherglen. She is hoping to keep the seat in SNP hands following the tragic death of Christina McKelvie last month. Cowan said on Twitter/X: "So, let's get this straight, a councillor from Lewisham, 650 miles from Caithness, is fine to stand for Labour in next year's Holyrood elections, but an experienced councillor from South Lanarkshire, standing in Hamilton is being parachuted in?" Last year, Labour were accused of "parachuting in paper candidates" as Kestner was among a raft of General Election picks based south of the Border. After Wilma Brown was removed as a candidate in Kirkcaldy and Cowdenbeath following an outcry over "racist" social media posts, Melanie Ward ran in her place despite living in London. The party's candidate in Angus and Perthshire Glens was Elizabeth Carr-Ellis, who was a councillor based more than 500 miles away in the city of Canterbury, in Kent. Some of the other candidates from south of the Border who ran for Labour last year include Conor Savage who was selected to contest Orkney and Shetland despite living in Edinburgh. He previously stood in Bangor for Plaid Cymru. After being asked by The National why a London councillor had been chosen to run in the Caithness, Sutherland and Ross seat, a Scottish Labour spokesperson said Kestner grew up in Scotland and had previously worked in the Highlands and Islands. They said: 'The SNP has failed the Highlands and Islands for too long, but in 2026 we can choose a change in direction with Scottish Labour. 'All Scottish Labour candidates are democratically selected by local members and this candidates will be a fantastic champion for the communities where she is standing.'
