In The News

Overmedication Deaths Hit Home – Notice of Intent to Sue Served on Goleta Doctor with 11 Alleged Overmedication Deaths

(filed under: In The News | July 17, 2012)

GOLETA, CA– Overmedication and overdose of legal painkillers affects nearly 12 million Americans according to CDC research. Partner Rich Collins of Berger Kahn is helping one family affected by overmedication in the Santa Barbara area to take a stand by serving Julio Gabriel Diaz, M.D. with “notice of intent to sue” on Friday, July 13, 2012 – a formal action notifying Dr. Diaz that Robert and Heidi Montgomery will be filing a medical malpractice lawsuit for the wrongful death of their son, Adam Montgomery, due to overmedication while under the care of Dr. Diaz.

Diaz allegedly fed the demand for painkiller abuse in the Santa Barbara area, writing prescriptions for thousands of pills including scripts for 11 patients who died of overdose while under his care. Diaz is currently in custody, facing federal drug trafficking charges brought against him as the result of an investigation by DEA agents. The State Medical Board has also initiated a disciplinary action, seeking to strip Diaz of his medical license.

The family of Adam Montgomery will fight Dr. Diaz in court under the trial leadership of attorney Collins. Says Collins of this case, “This is a case where Dr. Diaz deserves to be brought to justice, and through this process I hope to help the family of Adam Montgomery in the aftermath of the tragic loss of their son.”

ABOUT RICHARD T. COLLINS: Mr. Collins is a principal in Berger Kahn’s Orange County office and is known for being an aggressive advocate and formidable trial opponent who is attentive to his clients’ needs, approaching each case with a results-oriented litigation plan of uncompromising quality. Mr. Collins has more than two decades of experience in medical malpractice and a wide variety of cases, including insurance bad faith, serious personal injury and wrongful death claims, resulting in the recovery of millions of dollars for his clients through verdicts and settlements. Rich Collins Bio

ABOUT BERGER KAHN: Berger Kahn is a California-based law firm with practice areas including insurance coverage and litigation, business litigation, labor and employment, serious personal injury, wrongful death, and subrogation. The firm has offices in Orange County, Los Angeles, San Diego, and the San Francisco Bay Area.