Case dismissed against doctor accused of overprescribing meds that led to patient ODs

Wagoner Medical Center (WLFI Photo)
Wagoner Medical Center (WLFI Photo)

HOWARD COUNTY, Ind. (WLFI) – A Howard County doctor accused of overprescribing powerful painkillers that led to patient overdoses has the case dismissed.

“Shocked,” said Kokomo resident Allen Butler. “I think, whatever they say is wrong with her, she still deserves some kind of punishment.”

On Tuesday, a Howard County judge granted the dismissal in the case against Dr. Marilyn Wagoner.

Kokomo resident Margaret Haworth said she’s disappointed in the decision.

“There’s too many people’s lives, young people’s lives and older people’s lives, that she’s messed up,” said Haworth. “They’re all messed up.”

Prosecuting attorney Mark McCann filed a motion to dismiss the case against Dr. Marilyn Wagoner, wife of Dr. Don Wagoner who was sentenced in July 2014 to two years behind bars for seven felony charges in connection to the case.

As News 18 previously reported, police said the Wagoner Clinics in Burlington and Kokomo were operating as “pill mills,” overprescribing dangerous painkillers that led to numerous overdoses. As many as 27 patient deaths may have been linked to the case. Court documents show a total of nine people were arrested and faced a combined 95 felony charges.

Butler said not only have people died at the hands of the Wagoner Clinic doctors, former patients are still suffering.

“He can’t go to no other doctor because they think all of her patients are there just for the drugs, even though he needs the medication,” Butler explained. “So, it’s not just affected him but everybody that went there.”

In the state’s motion to dismiss, McCann cited several reasons:

  • Marilyn Wagoner is currently living in an assisted living facility.
  • She is of an advanced age of 79 years.
  • Marilyn Wagoner’s heath care provider says she is suffering from mental incapacity, has been diagnosed with memory loss, and her cognitive functions continue to decline.
  • The doctor provided a medical report which states she is unable to stand trial.

Haworth thinks another doctor should review the case.

“If she’s that sick like they say she is, I want more than one opinion of it,” said Haworth.

Marilyn Wagoner’s bond order has been released and her trial date has also been lifted.