The California state medical board has filed another accusation against former San Diego Chargers doctor David Chao, this time accusing him of gross negligence in his care of deceased NFL linebacker Junior Seau.
Seau battled depression and had trouble sleeping prior to his suicide in 2012. Chao had prescribed Seau the sleep drug zolpidem, also known by its brand name Ambien.
"The use of Ambien is associated with increased incidence of impaired driving and completed suicide," said the accusation, filed this week. "It should be prescribed with caution in patients suspected of having depression or suicidal thoughts, and in the lowest effective dose."
The accusation is strongly disputed by Chao's attorney. It calls for a hearing on the matter and then a decision about whether to revoke or suspend Chao’s medical license. In 2014, Chao was placed on five years of probation by the board for other issues related to his care of patients.
The accusation notes an incident in 2010, when Seau drove his vehicle off a cliff near San Diego but survived, just hours after his arrest on suspicion of domestic violence. While many suspected it was a suicide attempt, Seau said then that he fell asleep while driving. Chao told a state investigator that he didn’t believe it was a suicide attempt after asking Seau about it, according to the accusation. Chao also stated that Seau’s family never indicated to him that Seau was depressed.
The accusation states that during the last 18 months of Seau’s life, Chao wrote him 14 prescriptions for Ambien.
"Notwithstanding the existence of red flags involving patient (Seau) and his extended use of Ambien, Chao continued to prescribe the controlled substance without closely monitoring patient (Seau) for ongoing signs of depression and suicidal ideation," the accusations states. "For example, only three days after patient (Seau's) vehicular accident occurring under suspicious circumstances following an arrest and jailing for alleged domestic violence, (Chao) issued another prescription to patient (Seau) for Ambien."
Chao's attorney, Robert Frank, issued the following statement to USA TODAY Sports:
"The accusation essentially is about record keeping issues," Frank said. "According to medical experts who have thoroughly reviewed the facts surrounding Seau's death, it is preposterous to think that a typical low dose prescription for Ambien caused Seau's death, which was carefully investigated by the coroner's office and determined to be unrelated to Ambien overdose or use. Dr. Chao and Seau were the best of friends. He never would have risked harming the best man in his wedding by providing Seau with anything but the best of care, as he had throughout his NFL career."
Chao resigned as the Chargers doctor in 2013, citing personal reasons, and now analyzes NFL player injuries in the media. He has been dogged by malpractice lawsuits and legal issues over the years, including a public reprimand by the board for failing to disclose a drunken-driving conviction on state forms as required.
Despite Chao's legal issues, Seau is among many NFL players who vouched for him during his tenure as an NFL team doctor. The former Chargers linebacker retired from the NFL in 2010, but Chao continued to treat him and described him as a friend. Seau died in May 2012 after shooting himself in the chest. He was 43. After his death, Seau was found to have chronic traumatic encephalopathy (CTE), a brain condition linked to football head trauma. Its symptoms include depression and memory loss.
The medical board licenses and regulates doctors in California and says its mission is to protect consumers. The accusation against Chao was brought by and signed by the board's executive director, Kimberly Kirchmeyer.
Follow Brent Schrotenboer on Twitter @Schrotenboer. E-mail: bschrotenb@usatoday,com
