DrMetal

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http://www.thenewstribune.com/news/local/military/article64660642.html

Holy sh$t. Anyone know Maj Eric Smith? Is this story remotely accurate?!?
This can't be right. You don't go jail for popping on a command urinanalysis.....You might go to NJP, you might lose your privileges, but jail (and for 7 months??)..no way.

Maybe the pop lead to an investigation, and maybe they found enough coke in his house to start a small guerilla war...Maybe he was selling, and not using (aka "Breaking Bad). In any case, there's probably way more to this story...
 
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DeadCactus

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They also very quickly skim over the fact that he was in an alcohol abuse program before this drama started...
 
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Gastrapathy

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Im not so sure, it looks like all he was ever charged with was the positive test. He wouldn't plead so they hammered him. You have to accept NJP. His retirement was at stake. Would you accept NJP if you were falsely accused? A military appeals court overturned his conviction after he served 7 months in prison. Now Madigan is still going after him for bring unprofessional to a NCO. See the thread title.

Pretty unfair to suggest someone you don't know is a narcotics distributor without any evidence to support that.

Here's more: http://www.seattletimes.com/seattle-news/crime/military-doctor-fights-to-clear-name-after-questionable-drug-testing/

I love the quote from the drug lab about never having reported a single error. After all, they are inspected 3x a year. How could they possibly make a mistake.
 
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HighPriest

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How could they possibly make a mistake.
No way they could. Lab results, from my experience, are accurate 100% of the time. Maybe 110%. After all, the pentagon allocated 6.5 trillion unaccounted for dollars into the drug lab.
 

Fluffhead87

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The whole chain of events just doesn't pass the sniff test for what should be the "standard of care".

Lab tests from Madigan sent over to Hawaii to be run? To me, that seems like something you'd want to have the fewest steps from collection to testing, not fly the samples out of state.

Everyone (especially government agencies) think they are perfect, but to go on record that the lab never makes mistakes, that laughable. Never a false positive? I saw those false positive UDS tests as a GMO in Hawaii, but that's the who point of a confirmatory test for a UDS. You'd think the confirmatory test should have caught something was odd in his sample.

It's a shame all around for this man, assuming all that is in these two news articles is true.
 

HighPriest

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"A more recent test showed a substantial amount of someone else’s DNA in the urine sample."

Well, that's just basic sample handling. If you're jacking up this point, the whole system needs to be reviewed. The entire point of having UAs is individualized testing, otherwise you may as well just have the whole unit piss in a jug and test it. If this happened in a civilian court, the guy would walk free and then sue the local government. Now, I get it, the Army doesn't work that way - but it's standards are always supposed to be at least that of the local system, right? Isn't that what they always tell us? OSHA PLUS a bit more, Joint Commission PLUs a bit more? So why are our lab techs sticking their fingers in people's urine? Just additional evidence that the way we drug test is an enormous waste of time and resources, not because of the concept necessarily but because the Army can't get the process right.
 

Ziehl-Neelsen

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Madigan has always seemed to me like a complete sh!tshow.

The Boston Scientific kickback scandal in the cardiology department. The PTSD scandal involving psychiatry and our illustrious former Nurse General. Doctors beating the hell out of civilians on the side of the road. The list goes on and on...

Sources tell me the place is also really toxic due to a significant number of homesteaders willing to sell colleagues down the river at the drop of a hat if they think it might result in them being able to stay in the Pacific Northwest for another year.

Every time my consultant starts to mention Madigan as a possibility I tell her that I have Seasonal Affective Disorder and ask about any positions that might be opening in Syria.
 

DrMetal

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Pretty unfair to suggest someone you don't know is a narcotics distributor without any evidence to support that.
I didn't mean to, I was being tongue-in-cheek.

I've been either directly (with my own guys) or peripherally involved in > 100 cases (over 1 5 years, both line and MC) of sailors popping positive on a command UDS. I've seen people pop once, pop twice....I've seen people go to SARP (aka rehab), fail SARP, go to SARP again.....I've seen people claim wrongful ingestion get off scott-free. I've never seen anyone do any jail time, not one day. [If I'm not mistaken, jail time requires a court martial.] There's way more to this story, that's all I'm sayin'
 

DD214

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Madigan is known for extreme homesteading. I think the medical staff would probably fall to the ground and have full on pseudoseizures if they were told they might have to PCS to another duty station where they might need to see more than 4 patients per day
 
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Chonal Atresia

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Just another one of the 50 reasons not to join (or leave at the first possible opportunity) the s$&@show that is military medicine. I thought the "war on drugs" was over and shown over and over and over again not to work.

What. A. Joke.
 

DrMetal

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Just another one of the 50 reasons not to join (or leave at the first possible opportunity) the s$&@show that is military medicine. I thought the "war on drugs" was over and shown over and over and over again not to work.

What. A. Joke.
I hate to burst your bubble, but this story probably has little to do with military medicine. Most medical corps officers wouldn't know how to bust your rear, to get you a 7-month jail sentence, if their lives depended on it. It's too much admin for them, too much legal. It's easier to ADSEP you.

What happened to this Major is probably (I'm speculating, but that's what SDN is for): he busted on a command sweep.....this and possibly some other circumstantial evidence of something resulted in a criminal investigation (now legal and admin officers are involved, MC officers are peripheral)....court martial for something, more evidence of the alleged crime (which probably goes well beyond just popping on a command UDS)...conviction.....7-month jail sentence.
 

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Here is a record of the appeal. The conviction was set aside. "The findings of guilty and the sentence are set aside." Nothing here indicates he was court martialed for anything other than "wrongful use of cocaine in violation of Article 112"
If I can find the original court martial record I will post it. It is public record.

Edit: It appears he was originally sentenced to 24 months of confinement.
 
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Gastrapathy

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Some interesting details there. His lawyer didn't want to put his PD on the stand because he was afraid the PD would acknowledge that the guy was a poor performer. He was taking 30+ medications to self treat his unspecified medical conditions. He definitely didn't expect to pop since he had an excuse to skip it if he desired. He sounds like he might not have been the best resident but you shouldn't go to prison for that.

It does say he can be retried I think. Wonder if they will.
 
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Helpful Troll

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I doubt they will retry as all new evidence, and that not allowed in for administrative failures by his Army TD attorney, could be brought to a second trial. The contamination of the urine sample with more than one DNA and possibly the chest hair sample are examples.

They are likely building an administrative case to prevent paying his retirement. Is his medical career over not having practiced clinical medicine since July 2011?
 

HighPriest

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I doubt they will retry as all new evidence, and that not allowed in for administrative failures by his Army TD attorney, could be brought to a second trial. The contamination of the urine sample with more than one DNA and possibly the chest hair sample are examples.

They are likely building an administrative case to prevent paying his retirement. Is his medical career over not having practiced clinical medicine since July 2011?
It would take a lot of explaining and possibly some remediation to practice again. But it wouldn't be the first medical career the Army destroyed for questionable reasons.
 
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Crabbygas

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You join the Army you take your chances that bad $hit could happen to you. That includes "Friendly fire". The amazing thing is that nobody with any horsepower seems at all shocked or embarrassed by repeated scandals.
 

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Some interesting recent comments from this unrelated WP article https://www.washingtonpost.com/local/public-safety/dismissed-george-washington-resident-with-cancer-sues-hospital-alleging-discrimination/2016/08/30/a266371e-696e-11e6-8225-fbb8a6fc65bc_story.html

"Eric Brendan Smith
8/31/2016 5:17 AM CDT
This young woman's story resonated with me. In 2010/2011, I was a resident in the military health system. I also was a combat veteran with 3 official combat deployments and many smaller special forces deployments. Well, a delayed onset PTSD, other mental health issues and disabling physical illness co-occurred and I could barely function. I asked for help and initially got it, but when my issues turned out to be more complex than anticipated I was abandoned by my leadership. My please for help were ignored and I was treated like a "weak" person. And whether it was an accident or deliberate I may never know, but I unexpectedly screened positive for an illicit drug on a urine drug screen. This led to a conviction, time in prison, etc. However, I firmly maintained my innocence and zealously defended my self. I ultimately was exonerated and vindicated after presenting multiple forms of exculpatory evidence that include a negative polygraph, a negative hair follicle tests (taken 5 weeks after the suspected use, i.e. the optimal time for detection), and here is the clincher a re-test of the urine sample showing two contributors of MAJOR DNA, me and an unknown donor - rendering the sample invalid and of course suspect to say the least. To this day, I am still fighting to return to clinical medicine. What I can tell you is callous administrators have fought me tooth and nail. It is hard for me not to suspect that all of these events may be tied to the fact that I became a problem, when it was discovered that I was a human being who had been pushed too hard, for too long, and I broke a little. However, nothing was beyond repair - I just needed time. Time they were unwilling to give. To all - you deserve the best medical care available, and your doctors need to be healthy. Please allow them to heal when they get sick. They'll return better, and more compassionate - I promise. My story: ... " Link to OP article in News Tribune.
 
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Gastrapathy

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I wonder if Dr Smith is aware of this thread. I changed the title to make it easier for him to find. Dr Smith, if you do happen by here, it would be interesting to hear an update on your progress getting back into medicine and how you were treated while incarcerated.
 
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The drug testing lab at Tripler had has some major breaches in protocol recently and some unethical behavior on the part of the leadership. I think this is being swept under the rug in true Army fashion. I don't think the Army wants to deal with having to potentially void thousands of positive samples and deal with the repercussion of possible mistake prosecutions. For those of you who find it hard to believe that one can be prosecuted and jailed for one positive UA understand if you don't accept the NJP, the Army will go out of it's way to crush you.
 
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Here you go Gastrapathy. This is the latest from Save Our Heroes. Not treated well initially, particularly by medical, but by the time I left both guards and prisoners were respectful toward me.

It wasn't San Quentin, but it wasn't fun either. Although the library had all the classics, so I read as many as I could. They have taco tuesdays and volleyball, too.

I probably won't say much more on this thread, other than yes it was the only charge, and no not much more to the story. I wasn't a poor performer until I got very sick. After I got sick, of course I was not performing well. I was sick. That's what happens when you lose your health. I had three appendectomies between 2011 and 2012. You do the math on that one.

I got bad medical care and complained (with occasional profanity). This made my superiors angry. That's really it. We have a culture where people will harm you irreparably for the slightest perceived embarrassment.

http://saveourheroesproject.org/army-major-eric-smith-forced-to-fight-for-his-job-de-facto-prosecution-continues-after-official-exoneration/
 
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Sep 27, 2016
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The drug testing lab at Tripler had has some major breaches in protocol recently and some unethical behavior on the part of the leadership. I think this is being swept under the rug in true Army fashion. I don't think the Army wants to deal with having to potentially void thousands of positive samples and deal with the repercussion of possible mistake prosecutions. For those of you who find it hard to believe that one can be prosecuted and jailed for one positive UA understand if you don't accept the NJP, the Army will go out of it's way to crush you.
Do you have any evidence of this?
 

Helpful Troll

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Update - Dr. Eric B. Smith did retire from the Army in January. http://popularmilitary.com/exclusive-army-flight-surgeon-fails-drug-test-cocaine-alleges-set/

However, based on the linked article "... the Army declined to void an unfavorable National Practitioner Data Bank (NPDB) Report in Sept 2015, based on “different standards of proof between criminal and administrative proceedings."

Dr. Smith is licensed in two states - though the article does not indicate if he is practicing medicine.

From a Clap MD post in 2016 -
MilMed - -
"Rule 8: They can always hurt you more.
-The Fat Man"
 

SeminoleFan3

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It talks about 3 emergent appendectomies that he had. I thought an appendectomy was something that a person only had once. Am I missing something?

Overall this case sounds awful.
 

sb247

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It talks about 3 emergent appendectomies that he had. I thought an appendectomy was something that a person only had once. Am I missing something?

Overall this case sounds awful.
I am aware of one case of someone post appendectomy coming down with another infection years later at the "stump". Could have been a very poorly done appendectomy, or maybe just crazy random bad luc
 
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It talks about 3 emergent appendectomies that he had. I thought an appendectomy was something that a person only had once. Am I missing something?

Overall this case sounds awful.
Seminole Fan 3 - I had an emergent appendectomy at MAMC on 9 Aug 2011. I was asked by the surgical attending that night, if I would let her intern do the surgery, and I naively said, "of course, I support medical eduction and all of us have to learn how to do this." On 11 Aug 2011 I returned to the MAMC ER after almost passing out while driving and was told I was fine and was shamed and berated for my concerns. My health never improved for several months, but I was always struggling whether to seek care or not after the way I had been treated in the MAMC ER. On Jan 25, 2012 something popped in my abdomen before going to bed and I nearly lost conscioussness before calling 911. I was found in the home and taken to St. Clare Hospital where it was discovered that I had a retained stump. The first words out of the surgeons mouth were "who the hell did your appendectomy in August?" He then proceeded to say, "I did what I could, but you have the most inflamed colon I have ever seen and everything needs to calm down first." In June 2012 I represented to St. Clare Hospital emergently again. This time, I knew I had appendicitis again. The surgeon spent two hours in a laparoscopic procedure to definitively remove it. The appendix on the third appendectomy measured 1.75 x 3.5 cm. No one at Madigan acknowledged the suffering I endured prior to the diagnosis (I was sick for several months prior to Aug 2011, with what I assume was chronic appendicits) or after the botched surgery in a way that I felt was authentic and meaningful. They did hold an M and M conference, after I brought this up at my credentials hearing in 2013. The peer review comittee, evidently, was unaware of all this and appeared slightly embarrased, but still uninclined to consider that my medical issues should be factored into my abrupt, isolated and temporary changes in performance. Moreover, law precludes a patient from learning of the results from an M and M conference. So, all I know is they had one.