EAST ST. LOUIS - Bonnie Lilly of St. Clair County, who claims at U.S. district court that physician Craig Spiegel caused the overdose of her daughter Nicole Laux, opposes a motion to stay the claim until his criminal case in Missouri has ended.
Her counsel Brian Wendler of Maryville wrote on Jan. 6 that, “Here, if a stay is issued, the plaintiff suffers risk of memories fading and record becoming lost.”
“Plaintiff is 70 years old," he wrote. "The death at issue here was to her only living daughter.”
“The public loses if a stay is entered as the public is left with the thought that wealthy doctors can drag on litigation while typical persons are not so entitled.”
Grand jurors at district court in St. Louis indicted Spiegel on 25 counts of distributing and conspiring to distribute controlled substances last March 13, finding he issued prescriptions to women for no legitimate medical purpose.
They found he ignored red flags that they diverted the drugs.
They found he knew they had abuse disorders and he endangered their mental well being and physical safety.
They brought a count of conspiracy against Spiegel and April Bingham, finding they agreed to use identities of her mother, friends and former husband on prescriptions.
One of the counts referred to a death in 2022.
Wendler identified that person as Nicole Laux in a complaint he filed for Lilly at St. Clair County circuit court on March 28.
He didn’t allege that Spiegel prescribed the fatal drug but claimed he prescribed a drug cocktail that led to dependence and death.
He claimed Spiegel prescribed substances on condition that Laux engage in sexual acts.
He sought damages from SSM Health and SSM DePaul, claiming they permitted the conduct.
SSM removed the complaint to district court in May, asserting diversity as a Missouri citizen.
In October, Magistrate Judge Gilbert Sison set trial this December.
In December, Spiegel moved to stay the case pending resolution of his criminal charges.
His counsel Philip Willman of St. Louis claimed the subject matter of the civil and criminal cases overlapped.
He claimed a stay would protect the public interest in the integrity of the criminal proceedings.
He claimed it would allow discovery in Lilly’s suit, “without potential self incrimination in the pending criminal proceeding.”
SSM counsel Rodney Sharp of St. Louis moved to join the motion, claiming SSM couldn’t assert a proper defense if Spiegel invoked his Fifth Amendment privilege.
Sison granted joinder on that date.
Two days later SSM moved to transfer the case to district court in St. Louis.
Sharp claimed defendants resided in Missouri and the alleged events or omissions occurred in Missouri if at all.
Wendler stated in his Jan. 6 response to Spiegel’s motion that the U.S. was prosecuting the criminal case but was not a party to Lilly’s action.
“The subject matter in the criminal case overlaps with this case as in this case a single victim is involved but in the criminal cases there are multiple victims,” he wrote.
He claimed a stay would give Spiegel and SSM an advantage in obstructing Lilly’s legitimate discovery efforts.
He claimed the privilege against compulsory self incrimination is personal and available only to natural individuals and not to corporations.
He claimed prescriptions for controlled substances are required to be kept by law.
“No defendant can claim Fifth Amendment protection over such records,” he wrote.
On Jan. 8, Wendler opposed SSM’s transfer motion.
He claimed Nicole Laux resided in Illinois, medications prescribed by Siegel and SSM were dispensed to her in Illinois, and she died in Illinois.
He claimed an affidavit in Spiegel’s criminal case revealed he came to Laux’s home.
In the criminal case on Jan. 8, Spiegel moved to suppress evidence.
The clerk sealed the motion.
Second defendant Bingham pleaded guilty to a single count of conspiracy in September.
District Judge Stephen Welby sentenced her for 21 months.