Vivian Herrero, Opioid Trafficking, Florida 2023

Tampa, FL – A federal court issued a temporary restraining order prohibiting a Tampa-area clinic, its operators and a doctor from administering, dispensing or distributing any controlled substances, including issuing prescriptions for opioids, the authorities announced.

A complaint filed on October 11 and unsealed October 14, alleged that Dr. Vivian Herrero, Christopher Ferguson, and Patricia Ferguson used Phoenix Medical Management Care Centers Inc., a Tarpon Springs, Florida, pain clinic, to unlawfully issue controlled substance prescriptions in violation of the Controlled Substances Act. The complaint alleged that two Phoenix patients died soon after receiving opioid prescriptions issued by Dr. Herrero, and further alleged that drug toxicity played a role in those deaths.

“Medical clinics that facilitate the unlawful use of opioids and other controlled substances cannot continue to operate,” said Principal Deputy Assistant Attorney General Brian Boynton. “The authorities will use all available tools to stop the illegal distribution of potentially dangerous prescription drugs.”

“Medical professionals who abandon their oath to protect patients from harm and violate the law compromise the health and safety of patients and must be held accountable,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “The illegal distribution of opioids continues to cause great harm to people in our communities. We will continue to work with our law enforcement partners to put an end to this devastating crisis.”

The complaint alleged that the Fergusons operate Phoenix Medical, where Dr. Herrero, a licensed pediatrician, writes prescriptions for powerful opioids and other drugs without a legitimate medical basis and despite obvious signs of abuse or diversion. The complaint further alleged that Phoenix operates with unqualified physicians and issues prescriptions to patients with only limited interaction or evaluation. According to the complaint, Christopher Ferguson previously was convicted on state drug trafficking charges, and he currently faces state extortion charges based on alleged conduct at Phoenix.

Defendant/Respondent: Vivian Herrero, Christopher Ferguson, Patricia Ferguson

Criminal Charges: Unlawfully issuing controlled substance prescriptions in violation of the Controlled Substances Act

City and State: Tampa, Florida

Exact Date: October 11, 2023 (complaint filed), October 14, 2023 (complaint unsealed)

Sentence or Outcome: Temporary restraining order issued by U.S. District Judge Steven Merryday

Dollar Amounts: None

U.S. District Judge Steven Merryday granted the temporary restraining order in the U.S. District Court for the Middle District of Florida. The pending complaint seeks civil penalties as well as a permanent injunction against the defendants.

DEA’s Tactical Diversion Squad in the Tampa District Office is conducting the ongoing investigation. Assistant U.S. Attorneys Lindsay S. Griffin and Kelley Howard-Allen for the Middle District of Florida and Trial Attorneys Thomas S. Rosso and Scott B. Dahlquist of the Justice Department’s Consumer Protection Branch are handling the case.

The claims made in the complaint are merely allegations that the authorities must prove if the case proceeds to trial. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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