David Minkoff, Scientology doctor: The expert’s report on his failure to care for Whitney Mills

Yesterday we told you about the allegations against Dr. David Minkoff that have been added to the Whitney Mills wrongful-death lawsuit in a new amended complaint from her mother Leila Mills and her attorney, Ramon Rasco.

They are suing Minkoff and Scientology for keeping Whitney, who was 40, from getting proper medical and mental health care, and instead answered her calls for help with Scientology quackery, with her Scientologist “handlers” encouraging her to end this lifetime to start a new one. (Whitney did take her life on May 13, 2022.)

In the new allegations in the lawsuit that we posted yesterday, there were references to medical experts who had been consulted, including Dr. Richard Berg.

Attached to the lawsuit was Dr. Berg’s entire assessment of Minkoff’s “treatment” of Whitney, and we thought you’d want to see his conclusions.

We get the feeling that with experts like this, the Mills lawsuit is going to be a rough one for Minkoff and Scientology.

AFFIDAVIT OF RICHARD A. BERG, M.D.

1. I am a medical physician licensed to practice in the State of Maryland since 1978. I am board certified and fellowship trained in Internal Medicine and Infectious Diseases. Further, I have specific training and experience with Lyme Disease which is the most common tick-borne disease in Maryland. Attached hereto is a true and accurate copy of my current curriculum vitae which delineates in more detail my background, education, training, experience, and achievements.

2. I have never been disqualified as a medical expert witness by any court. I further state that, to the best of my knowledge, I have never had any opinions disqualified in any administrative forum, court of law or other proceedings, nor have I ever been found guilty of fraud or perjury in any jurisdiction.

3. I have received and reviewed the following medical records regarding Whitney Mills:

a. Records from Morton Plant Hospital dated September 9, 2010, to May 13, 2022; b. Records from LifeWorks Wellness Center dated October 27, 2015, to April 28, 2022, including: History and Physical Report from Dr. David Minkoff, M.D. c. Records from Cooper Chiropractic Center dated December 11, 2009, to January 28, 2022; d. Records from Root Cause Medical Clinic dated December 22, 2021, to February 2, 2022; e. Records from Mayer Chiropractic dated January 26, 2022, to March 9, 2022; f. Records from Walgreens Pharmacy dated February 13, 2021, to May 13, 2022; g. Text messages between Dr. David Minkoff, M.D. and Whitney Mills from February 26, 2022, to April 27, 2022; and h. Autopsy and Toxicology Report from District Six Medical Examiner performed on Whitney Mills, Report dated May 16, 2022.

FACTUAL BACKGROUND

4. Dr. Minkoff is fellowship trained in Infectious Diseases and holds himself out as an expert in Lyme Disease and cancer. Dr. Minkoff had been seeing Whitney Mills as a patient since 2015 and was acting as her primary care physician. Since at least October 2017, Dr. Minkoff noted that Whitney Mills had a large ovarian cyst.

5. Then on January 11, 2022, Whitney Mills began complaining to Dr. Minkoff that she had anxiety, trouble sleeping, and loss of appetite. She returned on February 17, 2022, filling out a questionnaire provided by Dr. Minkoff where she rated on the scale of 0-4 (with 0 being almost never and 4 described the effect as severe), that her depression, anxiety, mood swings, and irritability were each at a score of 5 (more than the maximum score allowed). She further stated she was suffering from headaches, was underweight, lethargic, fatigued, and had poor memory.

6. Over the course of the next several months, Whitney Mills would text Dr. Minkoff constantly begging for Dr. Minkoff to help her with her mental illness stating, “Is there anything else for the mental part? I'm seriously experiencing some mental illness. This is my biggest symptom is the mental part.” Dr. Minkoff responds, “Got it. Got it. Drugs could numb you but you are OT. Put TR O in. It's a sensation. Its noise. It has no power over YOU. That's the truth. Eye of the tiger. You are loved. You have friends and LRH. Duplicate it. Dissolve it. That is your power. You can be tone 40 with your TR O. That's you as cause. I know you can. ML, dm.” Weeks later, on April 13, 2022, just under a month before her death, Whitney Mills texts Dr. Minkoff again stating, “Ok, is there anything else for the mental problems? I'm REALLY struggling with that part. This is the hardest part to be acting insane when I'm not.” Dr. Minkoff does not reply.

7. In my review of the records from LifeWorks Wellness Center, it became clear that Dr. Minkoff diagnosed and began treating Whitney Mills for neurological Lyme Disease. Neurological Lyme Disease occurs when the Lyme disease bacteria affects the peripheral or central nervous system. The symptoms for neurological Lyme Disease include numbness, pain, weakness, facial palsy/droop (paralysis of the facial muscles), visual disturbances, and meningitis symptoms such as fever, stiff neck, and severe headache. Treatment for neurological Lyme Disease consists of administrating either oral antibiotics such as doxycycline, amoxicillin, cefuroxime, and azithromycin, or intravenous antibiotics such as ceftriaxone.

8. Despite his diagnosis of neurological Lyme Disease, Dr. Minkoff did not prescribe any of these antibiotics, or any antibiotic at all to Whitney Mills. Instead, Dr. Minkoff prescribed Whitney Mills Ketorolac, a NSAID used to relieve moderately severe pain after an operation or painful procedure, and Furosemide, a diuretic used to treat fluid retention and swelling.

9. Dr. Minkoff also diagnosed Whitney Mills with babesia, a parasite transmitted by the same tick that causes Lyme Disease. However, babesia is less likely to affect the neurological system, and only a spinal tap would confirm whether it is affecting neurological function, something Dr. Minkoff did not do. For the babesia, Dr. Minkoff prescribed Whitney Mills Ivermectin, an anti-parasite drug.

10. Dr. Minkoff also diagnosed Whitney Mills with a cancerous cyst in one of her ovaries, stating on March 26, 2022, “Whitney came for a consult a few weeks ago. On her exam I found a large mass in her pelvis. It is a very large ovarian cancer born out by MRI and PET scan.” Dr. Minkoff fell below the standard of care as there was no evidence in the records that he took a biopsy of the mass or was otherwise able to diagnose the cyst as cancer. That cyst was later proved not to be cancerous during Whitney Mills' autopsy.

MEDICAL OPINION

11. Based upon my review of the records, and based upon my training, education and experience, it is my professional opinion, within a reasonable degree of medical probability, that Dr. David Minkoff, M.D. and the nursing staff including but not limited to, Sue Morgan, APRN, of LifeWorks Wellness Center, deviated from the prevailing professional standard of care in their treatment of Whitney Mills between January and May 2022, by not conducting a differential diagnosis and failing to refer her to a psychiatrist or psychologist for a mental health evaluation.

12. It is my medical opinion that neurological Lyme Disease and the benign ovarian cyst were red herrings in this case. The evidence shows that the ovarian cyst was non-cancerous and Whitney Mills more likely than not did not have Lyme Disease. Indeed, Whitney Mills died not from Lyme Disease or from the benign ovarian cyst but from suicide.

13. Dr. Minkoff fell below the standard of care first because he misdiagnosed Whitney Mills and instead should have followed a systematic process that involves creating a list of suspected diseases, or differential diagnosis, that includes both common and uncommon diseases. This list helps guide the diagnosis process, and if a disease is not included, it is unlikely to be diagnosed. Among that list of potential diagnoses, it is clear that Dr. Minkoff should have included the potential that Whitney Mills was suffering from a mental health crisis, and a mental health disorder. Dr. Minkoff did not do so, and that failure to do so resulted in the death of patient via suicide, which otherwise could have been prevented had she received the appropriate care.

14. Furthermore, Dr. Minkoff did not perform the necessary tests to have sufficient evidence to confirm a diagnosis of neurological Lyme Disease. For instance, Dr. Minkoff did not administer a blood test for Lyme disease that is used to detect antibodies in response to an infection. Also, Dr. Minkoff did not perform a spinal tap to obtain cerebrospinal fluid which is analyzed for antibodies that the immune system produces to fight the bacteria that causes Lyme disease.

15. Additionally, the test that Dr. Minkoff did order for Whitney Mills, a brain MRI without contrast, came back normal and thus cannot support a diagnosis of neurological Lyme disease. Indeed, Dr. Minkoff should have ordered both an MRI without contrast and an MRI with contrast, to correctly determine whether there were any issues in Whitney Mills' brain activity.

16. Secondly, Dr. Minkoff fell below the standard of care by not referring Whitney Mills to a mental health professional for her self-reported depression and anxiety. Dr. Minkoff's views of the mental health profession as a Scientologist were irrelevant to Dr. Minkoff's duty as a licensed medical doctor in the State of Florida to refer her to a mental health professional. Likewise, the patients' views on the mental health profession are irrelevant in determining the appropriate standard of care.

17. Text messages between Dr. Minkoff and Whitney Mills memorialize conversations indicative of a patient who was suffering from an increasing depression and anxiety, mental health conditions that required Dr. Minkoff to refer her to a mental health professional. The conversations between them, particularly when he tells her to control her anxiety and depression through Scientology, were completely inappropriate and fell below the standard of care for a physician, regardless of his beliefs. Dr. Minkoff's duty as a physician was to properly refer her to a mental health professional so she could get the help that she needed and was asking for. But for his failure to do so, her tragic death could have been avoided.

18. As a direct and proximate cause of the above-described acts of malpractice attributable to Dr. David Minkoff, M.D., by and through all of his agents, employers, employees, or apparent agents, resulted in the death of Whitney Mills. Whitney Mills was not referred to an appropriate mental health professional that could have intervened and given her the necessary treatment she needed for her depression and anxiety. Further, the misdiagnosis of neurological Lyme Disease and a cancerous cyst without medical evidence only created greater cause for alarm and anxiety to the patient. Ultimately, the misdiagnosis and lack of referral to mental health professional directly and proximately caused Whitney Mills to self-harm, resulting in her death by suicide.

19. It is my professional opinion that there exist reasonable grounds to support a claim of medical negligence against Dr. David Minkoff, M.D.

20. This Affidavit is submitted pursuant to the requirements of Florida Statute § 766.203.

21. I am qualified as an expert as that term is defined in Florida Statute § 766.202. I am duly and regularly engaged in the medical specialty of internal medicine and infectious diseases. I am by training, background, and experience a similar healthcare provider, as defined by Florida Statute § 766.102, and all applicable subparts.

22. I have devoted professional time during the five (5) years preceding the date of the occurrence that is the basis for this action to the active clinical practice of internal medicine and infectious diseases.

FURTHER AFFIANT SAYETH NOT.

Two additional experts came to similar conclusions, one a neurologist, the other a psychiatrist, and all three reports were included with the amended complaint.

And now, the timing of this case gets interesting. The new season of Real Housewives of New York City, which will feature David Minkoff’s daughter, handbag designer Rebecca Minkoff, is scheduled to drop its first five episodes on Sunday, September 22.

It would be interesting if she does press for the new season. Can someone please ask her about her dad prescribing Ivermectin for a distraught mentally-ill woman’s nonexistent parasite infection?

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