Doctor to get new trial in OxyContin case

RICHMOND, Va. (AP) — A doctor convicted of drug trafficking for prescribing massive doses of OxyContin and other painkillers to his patients will get a new trial.

William E. Hurwitz, a prominent pain specialist, was convicted in 2004 of 50 counts, including conspiracy and drug trafficking resulting in a patient's fatal overdose. He was sentenced to 25 years in prison.

On Tuesday a three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that a jury should have been told it could consider whether Hurwitz acted in good faith in treating patients with chronic and debilitating pain.

Hurwitz frequently prescribed 100 pain pills a day for patients — many of them obvious drug addicts and dealers, prosecutors said. One patient was prescribed 1,600 pills a day, according to testimony.

However, some of Hurwitz's patients testified that he was the only doctor who was able to relieve their debilitating pain.