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Matter of Kyle Elliott Hoogendoorn, D.P.M. Page 50 Pt Date Procedure Type/ Medication 09/28/01 Trigger point injection/ Depo-Medrol, bupivacaine 10/19/01 Trigger point injection/ Depo-Medrol, bupivacaine Additional Information Testimony of Dr. Boswell Concerning Dr. Leak Physician(s) Discharge Summary Signed By Dr. Leak or Dr. Griffin?/ Name Hoogendoorn/ Griffin Hoogendoorn/ Griffin Yes/Griffin 92a Yes/Griffin 90a 114. Dr. Boswell testified that he has a very good opinion of Dr. Leak’s knowledge base and clinical skills in interventional pain medicine. (Tr. at 50) Dr. Boswell testified that he has been on lectures with Dr. Leak and has shared a podium with him. Dr. Boswell further testified that he had been an editor of a textbook in which Dr. Leak had written a chapter. (Tr. at 34-36) Testimony of Dr. Griffin 115. Dr. Griffin offered the following opinion concerning Dr. Leak: [Dr. Leak is] brilliant. Doesn’t always run the clinic the way I would. He’s amazing with his hands and has the ability to correctly adjust in O.R. I’ve seen him invent new procedures on the spot to counter a problem that the patient had anatomically. It was—every time you work with the guy is a learning experience. (Tr. at 3077) Dr. Hoogendoorn’s Use of Knowledge Gained in Fellowship 116. Dr. Hoogendoorn testified that he is board-certified by the American Academy of Pain Management, and explained how he has used the knowledge gained during the fellowship. Dr. Hoogendoorn stated: I sit on their education advisory committee. Since then I’ve applied it to the foot and ankle. I’ve written—I’m published. I’ve written textbook chapters on pain management for major podiatry texts. I lecture for a spinal cord stimulator company to podiatrists so they understand how this can build—not build but help their patient population and what to look for. I’ve lectured for drug companies that are used for chronic pain from the podiatrist’s perspective. I’ve made the most of what could possibly be made from that Dch.Sum at Page
Matter of Kyle Elliott Hoogendoorn, D.P.M. Page 51 educational experience, and I have a constant referral source for chronic painful conditions of the foot and ankle only. (Tr. at 2519-2520) 117. Dr. Hoogendoorn testified that, since completing his fellowship, he has developed a “niche practice” treating chronic podiatric pain. Dr. Hoogendoorn further testified that it is a referral-based practice from other physicians, allopaths, osteopaths, and podiatrists. (Tr. at 2528-2529) FINDINGS OF FACT 1. From in or about 2000 to in or about 2001, Kyle Elliott Hoogendoorn, D.P.M., undertook the treatment of nineteen patients 14 as identified on a confidential Patient Key. During the period in or about August 2000 through in or about November 2001, Dr. Hoogendoorn: (a) Administered chemoneurolytic and other injections into the splenius capitis, levator scapulae, trapezius, superior trapezius, cervical erector spinae, thoracic erector spinae, lumbar erector spinae, latissimus dorsi, paraspinal, and/or rhomboid muscles, and/or the intraspinous ligament, and/or greater trochanter, and/or gluteal area of Patients 1- 5, 7-9(6-8), 11(9), 14(12), 17(13), and 21-22(16-17). The evidence is insufficient to support a finding that Dr. Hoogendoorn administered chemoneurolytic or other injections to Patient 20. Further, the evidence is insufficient to support a finding that Dr. Hoogendoorn administered chemoneurolytic or other injections into a zygapophyseal joint of any patient. (b) Prescribed controlled and noncontrolled medications, including, but not limited to, Nicotrol, Wellbutrin, Neurontin, Propranolol, Vioxx, Zyprexa, Ultram, OxyContin, Clonazepam, Duragesic, Depakote, Senokot, Trazadone, hydrocodone, methadone, Transderm Scop, Celebrex, Zanaflex, Catapres, Zithromax, propoxyphene, oxazepam and/or methylphenidate to Patients 2, 7(6), 11-14(9-12), 18(14), 20(15), 23(18), and 24(19) for the treatment of non-podiatric conditions. 2. The Respondents presented evidence that, during the period in question, Dr. Hoogendoorn had been engaged in a pain medicine fellowship run by Dr. Leak. Although the wisdom of a podiatrist engaging in such a fellowship may be questionable, the evidence shows that it is more likely than not that the fellowship at PCC was a legitimate fellowship. Moreover, the Respondents presented convincing evidence that, in January 2002, Dr. Leak’s fellowship program received approval as a podiatric fellowship by the Council for Podiatric 14 Patient numbers in this section are referred to by their number in the Master Patient Key. If the patient number on Dr. Hoogendoorn’s patient key differed, that patient number is noted in parentheses. See Board Exhibit I.
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