Modesto chiropractor suing for $5M

Published: 2009-10-12 09:03:42
Author: Merrill Balassone | Modesto Bee | October 2, 2009

A Modesto chiropractor once charged with defrauding insurers and workers compensation out of millions of dollars wants to clear his name.

Wilmer Origel, who endured 18 days in jail, raids on his offices and suspension of his chiropractic license, filed a multi-million dollar lawsuit in federal court last week against those who unsuccessfully prosecuted him.

A San Joaquin County jury voted 10-2 in favor of acquitting Origel on charges of overbilling insurance companies in excess of $1 million, performing controversial adjustments on anesthetized patients and money laundering. Prosecutors decided not to retry Origel in November.

At 49, Origel said he's starting life over.

"I won my freedom, but they still won," he said. "I lost everything."

Origel is suing San Joaquin County, two employees of the district attorney's office and Travelers Property and Casualty Company of America, an insurance company Origel's lawyer said pulled the strings in the criminal probe.

Origel is seeking $5 million plus punitive damages.

The defendants in the case did not return calls or declined to comment on the lawsuit's specifics.

Among the case's controversial aspects is that Origel and other chiropractors performed and charged insurers for a procedure called manipulation under anesthesia.

It requires an anesthesiologist to provide pain medication before a chiropractor works on muscles or adjusts joints or the spinal column. Patients typically have such serious injuries that back or neck surgery are treatment options.

During the 2½ month trial, prosecutors alleged the procedure was illegal.

But some insurers, including the worker compensation program, cover MUAs, and the California Chiropractic Association recognizes MUAs as an alternative to more risky surgical procedures.

Origel's attorney, Rob Waters, said Traveler's Insurance pushed Origel's case forward to intimidate chiropractors from performing the expensive procedures. Prosecutors said they cost $35,000 to $40,000.

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