Don Simpson’s Psychiatrists Face Court Hearing

Two years after the overdose death of Hollywood producer Don Simpson, the state medical board has gone to court to force two Westside doctors who treated the late filmmaker to turn over his medical records.

The move follows eight months of unsuccessful efforts by the board and the state attorney general’s office to obtain records from Simpson’s former psychiatrists, Dr. Nomi J. Fredrick and Dr. Robert H. Gerner. A Superior Court hearing has been scheduled May 4 to determine whether the doctors must give up the documents.

Fredrick and Gerner were subpoenaed by the board in August along with a dozen other individuals affiliated with Simpson in an effort to compile information about what the board calls an illegal drug detoxification program conducted at Simpson’s Bel-Air estate. That program ended in mid-1995 after a doctor was found dead on the property, court records indicate.

Simpson died of a drug overdose six months later at the same location.

The board, which has the power to revoke a physician’s license, contends in a 300-page Superior Court motion that it has a “compelling state interest” in obtaining the medical records of Simpson and others “to ascertain whether [Fredrick and Gerner] can continue to practice medicine safely and whether the public is endangered by their continued practice.”

Simpson--whose partnership with producer Jerry Bruckheimer yielded such blockbusters as “Top Gun,” “Beverly Hills Cop” and “The Rock”--died Jan. 19, 1996, from an overdose of 21 drugs.

The motion obscures patient names but indicates that an individual named D.S. received prescriptions for nearly seven dozen controlled substances and other dangerous drugs from at least 14 physicians during the three years before his death.

Simpson’s death triggered a federal criminal probe of local doctors and pharmacies that culminated in a raid 17 months ago on the West Los Angeles offices of Fredrick and Gerner. No action has been taken against either doctor--or against any physician or pharmacy providing medications to the producer before his death.

Fredrick and Gerner have refused to comply with the subpoenas, citing patient privacy rights. According to the board’s motion, both doctors have ignored repeated requests since August to testify before the board and to turn over records related to Simpson’s treatment.

Fredrick and Gerner did not return calls seeking comment. Fredrick’s attorney, David Rosner, said the doctor had not complied with the subpoena because she never received permission from Simpson’s estate or other patients to do so.

“We are not allowed to turn over medical records unless we receive permission from the patient--and so far that hasn’t happened. But we will follow what the court orders us to do,” Rosner said.

In refusing to comply with a subpoena to turn over medical records, Simpson’s estate--handled by his brother Lary Simpson--has cited concerns for client privacy rights.

Robert Chapman, attorney for the estate, said his client would comply under a court order.

The bulk of the medications confiscated from Simpson’s home after his death were prescribed during the summer of 1995. During that time, the medical board’s motion states, Fredrick and others were maintaining and operating an unlicensed chemical detoxification program at the residence to help treat D.S.’ drug addiction.

That program ended Aug. 15 when Dr. Stephen Ammerman was found dead of a morphine overdose in the producer’s pool house.

According to the motion, both D.S. and a patient identified by Ammerman’s initials were under the care of Fredrick and Gerner and being treated for chemical dependency and drug addiction at the time.

A civil suit by Ammerman’s estate is pending against Fredrick and Gerner. Simpson’s estate and Bruckheimer were dropped from the civil suit two weeks ago.