Feds seize Brigham City doctor's car, funds in probe

Federal authorities have seized bank accounts and a car belonging to a Brigham City physician, accusing him of prescribing hundreds of thousands of pills without bothering to examine patients.

In one case, federal drug agents say, a patient died after obtaining prescriptions for oxycodone and hydrocodone. But federal charges have yet to be pursued against Dr. Dewey C. Mackay, and his attorney told the Deseret News on Thursday they will fight it.

"He's an orthopedic surgeon, his reputation is superb and he's a well-loved physician," said Peter Stirba.

In court papers, federal prosecutors said the Drug Enforcement Administration and the Box Elder County Narcotics Strike Force have been investigating Mackay for illegally issuing prescriptions for controlled substances to people he would often see for less than 10 minutes.

"The complaint alleged that Dr. Mackay would charge each patient $70, and that Dr. Mackay would ask each patient what they wanted and proceed to write the prescription without examination," assistant U.S. Attorney Richard Daynes wrote. "The complaint also alleged that Dr. Mackay would see approximately 40 to 59 patients a day, equating to approximately three to six minutes per patient."

Federal prosecutors say that from January 2005 until April 2008, Mackay prescribed 944,846 pills of oxycodone and 1,485,616 pills of hydrocodone. Mackay also wrote prescriptions for 369,401 other pills, court papers said.

A confidential source working for the DEA went to the doctor claiming back, wrist and arm injuries but got no initial examination from his staff.

"The CS only recalls Dr. Mackay touching the CS's back," Daynes wrote. "The CS was then given a prescription for Lortab."

During their investigation, federal drug agents said they became aware of a patient who died from hydrocodone and oxycodone. The patient, who they allege had once been treated by Mackay, went to another doctor for narcotics. The patient came back to Mackay when the other doctor wouldn't provide refills, federal prosecutors wrote in court documents.

"Dr. Mackay then prescribed hydrocodone and oxycodone to the individual, even though Dr. Mackay had full knowledge that the patient was being treated by another physician," Daynes wrote. "The patient died within three days of receiving the prescriptions from Dr. Mackay due to this aforementioned cause."