Grimy Times

Dr. Martin Tesher, Opioid Overdose Death, New York 2023

Published July 18, 2018

A federal jury in Brooklyn today convicted Dr. Martin Tesher of 10 counts of unlawful distribution of oxycodone without legitimate medical purpose to five patients, one of whom died as a result two days after his last visit with the defendant.

Dr. Tesher faces a mandatory minimum sentence of 20 years' imprisonment and a maximum of life in prison when sentenced by United States District Judge Raymond J. Dearie.

The evidence at trial established that between June 2013 and January 2017, Dr. Tesher, a medical doctor specializing in general family care, prescribed oxycodone and fentanyl on a continuing basis without a legitimate medical purpose to patients after he learned, or had reason to believe, that these patients were addicted to drugs.

The five patients either told Dr. Tesher that they had a drug addiction, had previously been treated for drug addiction, or tested positive for illegal drugs such as cocaine or heroin during the course of their treatment by the defendant.

While under Dr. Tesher's care, Nicholas Benedetto, 27, tested positive for cocaine, heroin and methadone in addition to oxycodone and fentanyl. Dr. Tesher continued to prescribe oxycodone and fentanyl to Benedetto despite indicators that he was abusing those drugs.

Benedetto was found dead of a fatal combination of oxycodone and fentanyl on March 5, 2016, two days after he had been prescribed the drugs by Dr. Tesher.

Attorney General Jeff Sessions, Richard P. Donoghue, United States Attorney for the Eastern District of New York, and James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, announced the verdict.

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Source: https://www.justice.gov/usao-edny/pr/medical-doctor-convicted-brooklyn-federal-court-causing-overdose-death-patient