In 2005, the Medical Board of California placed Dr. Eugene O’Donnell on three years’ probation and ordered him to stop advertising that a surgical procedure he did could cure asthma and several other diseases [1]. The surgery involved insertion of a narrow probe cooled to about -100°F into the nose so that it could freeze and destroy tissue near the openings to the sinuses [2].
O’Donnell graduated in 1963 from the Temple University School of Medicine. The ChoiceTrust and AMA databases state that from July 1, 1963 through June 30, 1964 he took a one-year internship at the Edward G. Sparrow Hospital in Michigan. He became licensed in California in 1966. Various medical directories list him as engaging in family practice. He was not board certified in any specialty and does not appear to have had any additional residency training beyond internship.
In 2000, the Board gave O’Donnell a public reprimand which stated: “In 1992 and 1994, you treated two unrelated patients, who were hospitalized, for a variety of conditions. As to both patients, your records failed to reflect complete and adequate documentation.” [3]
O’Donnell registered the domain UltimateSinusSolution.com in January 2003 and posted his website later that year. In January 2004, the Medical Board of California charged him with gross negligence; repeated negligent acts; false and/or misleading advertising; incompetence; dishonesty or corruption; general unprofessional misconduct; and failure to maintain adequate and accurate records. The clinical charges were related to a patient who underwent O’Donnell’s cryosurgery procedure. (The investigators believed that the patient should have been treated differently.) With the respect to the advertising, the Board’s accusation [3] stated:
- Contrary to respondent’s advertising . . . cryosurgery is not “revolutionary.”
- Contrary to respondent’s advertising . . . cryosurgery cannot “painlessly” get rid of asthma, snoring, sinusitis, allergies, sleep apneas, colds, and flu, and sinus headaches.
- Respondent maintains a web site . . . on which he advertises “Cryo-Surgery” as “The Latest Scientific Achievement” when, in fact, it is not.
- Respondent maintains a web site . . . on which he advertises “Cryo-Surgery” as “More Effective Than Laser Surgery” when, in fact, it is not.
- Respondent maintains a web site . . . on which he advertises “Patented and Painless ‘Nose Freezing’ Procedure Offers Sinus Problem Sufferers Relief from Congestion, Headaches and Infection Once and For All!” when, in fact, it does not.
- Respondent maintains a web site . . . on which he advertises “Dr. O’Donnells [sic] Procedure Can Stop Asthma, Sleep Apnea, Sinus Infections, Headaches, Snoring and Drowsiness when, in fact, it cannot.
In October 2004, O’Donnell signed a stipulation [2] under which he admitted nearly all of the charges and agreed to serve three years of probation during which he was required to:
- Participate in a special program to assess his clinical competence.
- Take extra courses in medical care, medical recordkeeping, and ethics.
- Have his practice and billing monitored by a suitable medical specialist or participate in an additional assessment/education program.
- Refrain from false and/or misleading advertising as specified in the board’s accusation.
On April 27, 2005, when I visited O’Donnell’s Web site, most of the prohibited claims were still there.
In 2007, the Board concluded that O’Donnell had violated the terms of the 2005 agreement and extended his probation until 2012. However, in 2008, O’Donnell notified the board that he did not intend to renew his license and signed another agreement under which he surrendered his license.
In 2008, O’Donnell pleaded no contest to one felony count of state income tax evasion. According to court documents, from 2001 to 2005 he received more than $1.7 million in income from Medicare and other health care payers, but failed to file his 2001 to 2004 individual and corporate state income tax returns and report any of these funds. in 2009, he was sentenced to 16 months in state prison, ordered to pay restitution to the Franchise Tax Board of $373,597 representing the unpaid tax, interest, penalties, plus the cost of the investigation, and assessed a $5,000 fine for the tax evasion [4].
References
- Stipulated settlement and disciplinary order. In the matter of the accusation against Eugene P. O’Donnell, M.D. Case No. 18-2002-139768, signed Oct 6, 2004. Order signed March 1, 2005 to take effect on March 31, 2005.
- O’Donnell EP. Ostiomeatal [sic] complex sinus cryosurgical procedure. U.S. Patent #5,669,903, Sept 23, 1997.
- Accusation. In the matter of the accusation against Eugene P. O’Donnell, M.D. Case No. 18-2002-139768, filed Jan 13, 2004.
- California Franchise Tax Board press release, May 5, 2009.
