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The cream was compounded by licensed pharmacists, lawfully prescribed and filled by licensed pharmacists, Moss said.
Attorneys for Rudolph and Jarminski didn't immediately respond to requests for comment.
The baby's parents are suing Jarminski, his assistant, medical group and pharmacy for negligence. They contend that the cream wasn't properly prescribed and the mother, Priscilla Lujan, wasn't adequately warned of the risks of the cream or told how to apply New Era Minnesota Twins
The indictment alleged that Jarminski was paid more than $1.9 million and Rudolph more than $1 million in kickbacks.
"You can buy things that are inherently dangerous for human life in any store," Moss said. "You can buy rat poison. If it's misused, that should not create liability (because) Wal Mart might have sold it."
Moss said while the child's death was a tragedy, it was "outrageous" to blame the doctor, pharmacist and the head of the company that dealt with the workers' compensation insurance claims.
A 5 month old boy in Los Angeles County ate some of the cream and died, according to a coroner's report.
Prosecutors alleged Nike Hat With Gold Check insurance fraud and conspiracy in a 44 count indictment, with crimes occurring from Oct. 1, 2009, through Jan. 31, 2013. Kickbacks to individuals were as high as $8 million over multiple years, the indictment said.
and Dr. Andrew Jarminski have been charged with involuntary manslaughter.
Ahmed's attorney, Richard Moss, denied Ahmed did anything illegal and said he is confident his client will be exonerated.
CORRECTS TO KAREEM AHMED FILE In this June 6, 2013 file photo,Kareem Ahmed attends the Simin Hope Foundation's "Celebration Of All Fathers" Gala Dinner at Paramount Studios in Los Angeles, California. Fifteen doctors have been accused New Era New York Yankees Baseball Cap
The infant's parents also have sued over his death.
of participating in a massive workers' compensation scam that killed a baby. The charges were released Monday, June 23, 2014, when an Orange County grand jury's 44 count indictment was unsealed. The indictments alleges that Kareem Ahmed, the head of an Ontario based Landmark Medical Management, led the $25 million effort to defraud the government through kickbacks and the sale of a topical cream. (Photo by Paul A. Hebert/Invision/AP, File)The indictments name Kareem Ahmed, a major campaign donor to President Barack Obama and head of the Landmark Medical Management. Prosecutors contend that he hired pharmacists to produce a pain relief cream, gave kickbacks to doctors and chiropractors to prescribe it to workers' compensation patients, and conspired to submit phoney claims.
Altogether, Ahmed paid out more than $25 million to have the cream dispensed, prosecutors contended.
She saw Jarminski for back and knee pain in February 2012 and was prescribed a cream that, according to the baby's autopsy report, contained the antidepressant Amitriptyline, the cough suppressant Dextromethorphan and the pain reliever Tramadol.
15 medical professionals indicted in workers' compensation scam linked to death of baby
Ahmed, pharmacist Michael Rudolph Chicago Bulls Cap Black
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