Dr. James Lundeen, acting as his own attorney, filed the motion because he says the OBWC has not responded in a timely manner to his verified emergency motion for temporary restraining order after 18 days have passed.
Lundeen moves for a default judgment enjoining the OBWC from implementation of its administrative order of decertification of participation in the health partnership program and termination of his provider number.
Lundeen said since his original filing, he has suffered irreparable harm to his reputation due to what he referred to as “recent false and malicious rumors advanced by the OBWC.”
He also claims his patients have suffered because he has had to close several locations, causing them to have to travel for treatment. And he says he has had to lay off employees.
In the motion, Lundeen claims the OBWC has received sufficient notice and has not responded, which has prompted him to ask for a restraining order, which would reinstate his status as a provider for that department.
On March 16 Attorney General Mike DeWine joined with investigators from the BWC as well as local agencies to serve a search warrant on Lundeen’s office on the fourth floor of the Masonic Temple Building on Chillicothe Street in Portsmouth. At the same time, investigators were also searching Lundeen’s office in Plymouth, Ohio. Also involved in the action taken against Lundeen were the Scioto and Huron County Sheriff and Prosecutor, Ohio State Medical Board and Pharmacy Board, Medicaid, Department of Taxation, Ohio Department of Insurance, Ohio Alcohol and Drug Addiction Services, FBI, Drug Enforcement Agency and the U.S. Attorney General.
Last week, Lundeen said he was in the process of closing nine locations because of a lack of cash flow caused by the decertification.
He had also said he would sue Portsmouth City Solicitor Mike Jones if he did not receive a determination as to whether his practice falls under the current restrictions from a new city ordinance regulating pain clinics.
Jones indicated last week that he sent a letter to Lundeen telling him he cannot offer him legal advice.
FRANK LEWIS may be reached at (740) 353-3101, ext. 232, or firstname.lastname@example.org.