Doctor who diverted drugs surrenders license to practice medicine in state

Robert L. Berry, the anesthesiologist who admitted diverting and using narcotics intended for his patients, has permanently surrendered his license to practice medicine in Washington.

Berry's action came after a state investigation into the case of Kim Jones, a 31-year-old mother who was left in a coma two years ago after Berry provided anesthesia during what was supposed to be a routine tubal-ligation procedure. Jones had just given birth to her third child.

Berry removed Jones' breathing tube at the Richland hospital while she was still paralyzed and unable to breathe on her own, resulting in permanent brain damage, according to Jones' lawyers. The case was settled in March for $8.5 million.

"This (surrender) should have happened 18 months ago," said Ron Perey, attorney for Kim Jones' family. "He admitted he stole drugs, used them and was impaired, and nothing was done."

The case highlighted flaws in how the medical community polices and tracks doctors suspected of substance abuse.

Berry was fired from his anesthesiology group in Louisiana before being hired at Kadlec Medical Center in Richland, yet neither the Washington medical licensing board nor those who hired him at Kadlec were aware of that fact.

Berry's supervisors in Louisiana had provided the Washington physicians with a glowing recommendation, never mentioning that Berry had been suspected of impairment and had already placed patients at risk in Louisiana.

Kadlec officials are now suing the Louisiana doctor group alleging they were misled about Berry's qualifications to practice safely.

Berry provided "substandard care to several other patients, diverted controlled substances for his own use, was impaired while practicing, and misrepresented material facts on his license application," according to the statement of charges issued by Washington's Medical Quality Assurance Commission -- the board responsible for disciplining doctors.

The surrender of Berry's license was reported to the National Practitioner Data Base, which alerts other states of disciplinary actions against doctors. Berry's actions, before the Washington case, had never been reported to a state board and consequently had not been entered in the national database.

Berry, who is still licensed in Arizona and Louisiana, is now under investigation in those states as well.

"We're aware of the situation and everything will be taken into consideration," said Grace Hammons, program compliance office manager for the Louisiana State Board of Medical Examiners.

Arizona board officials indicated they also were aware that Berry had surrendered his license in this state. There are two open investigations into his practice in Arizona.

Berry, who could not be reached for comment, has said in the past through his attorney that he no longer intends to practice medicine.

Kim Jones remains nearly unresponsive in a 24-hour nursing facility in Lansing, Mich. Her parents, Calvin and Gloria Jones, moved her there last summer, and hope to eventually move her into their home.

Gloria Jones remains optimistic her daughter will recover some function and said that a few weeks ago, Kim unexpectedly said "hi" to a nurse.

Under the terms of his voluntary surrender, Berry has agreed he will never seek to reapply for a license in Washington state.