Like Viands, Mary Tywater believed she was going into the hospital for a routine operation. On the Thursday before Memorial Day weekend in 1985, Scheffey operated on the forty-three-year-old Daisetta housewife to remove several disks in her back and fuse several vertebrae. He was in the midst of that surgery when he lost control of her bleeding. Some four hours into the operation, Tywater was dead. There was blood everywhere in the operating room. The anesthesiologist's report is nearly illegible because it is smeared with Tywater's blood. Scheffey was thirty-five at the time, and this was the first fatality to take place in his operating room. But what should have been the unique horror of watching a patient bleed to death had seemingly little effect on him. He spent the holiday with his girlfriend and another couple at his large house in Baytown on Cedar Bayou.They rode golf carts around the property and drove golf balls into the water, went waterskiing, and swam in his pool.
Scheffey was used to the good life, and his career can be understood as an ongoing, if highly unconventional, attempt to maintain it. He was born in Dallas in 1949 and grew up in an affluent family with a brother and two sisters. His father was a decorated World War II pilot and a successful lawyer who once ran for mayor of Dallas.The family was wealthy enough to buy Eric a Jaguar XKE for his sixteenth birthday. He attended W.T. White High School and then the University of Texas, graduating in 1972. He began his medical training at the University of Texas Medical Branch at Galveston before transferring to the University of Texas Medical School at San Antonio and finishing in 1976.The year before, he had married Liza Goodson, a former Highland Park High School cheerleader from a well-to-do Dallas family.The marriage ended in divorce in 1979, for undisclosed reasons. He completed an internship and a four-year residency in orthopedic surgery at the Medical University of South Carolina. In 1981 he moved to Baytown, just east of Houston, home to the blue-collar industries that line the booming Houston Ship Channel.
Baytown, and east Harris County in general, is an orthopedic surgeon's paradise. People who do manual work for a living are frequently injured, and their most serious injuries usually involve backs, knees, shoulders, elbows, and hands-the domain of orthopedics. Most of these people also carry generous amounts of state-regulated workers' compensation insurance, which involves a sort of bargain between the laborer and the employer: A worker gives up the right to sue if he is injured in exchange for long-term medical care and disability benefits, including partial replacement of lost wages. Each year workers' comp in Texas covers roughly 200,000 injuries, for which 240 insurers pay out some $2 billion in benefits. The workers themselves pay nothing, and there is no limit to how much medical care they can receive. Most of these patients have real injuries. But a small percentage engage in what is known euphemistically as symptom magnification (i.e., faking it or exaggerating pain) to take advantage of the system. It is a bitter irony that many of them ended up in the offices of Eric Scheffey, who would one day become the largest single biller in the program. In later testimony, Scheffey recalled that in Baytown his practice "took off like a rocket and continued along that vein…A lot of workmen's compensation patients predominated my practice and continued to do so, at least ninety percent." Under workers' comp rules, Scheffey was required to get a second opinion for every surgery. He always managed to find one.
He established his surgical practice at three Baytown hospitals: Humana Hospital Baytown, Gulf Coast Hospital, and San Jacinto Methodist Hospital. He was immediately popular. A strikingly handsome man, with olive skin, brown eyes, and a thick shock of dark, wavy hair swept back from a widow's peak, Scheffey had a soft voice, a Texas accent, and a warm, engaging manner. His patients and colleagues found him friendly, charismatic, and very persuasive, particularly when talking a patient into an expensive surgery. In the words of one patient, he "could talk a monkey out of his last peanut." He had a way of saying just the right things. According to Margaret Pieske, a former patient, Scheffey once held an X-ray up to the window, saying, "We'll use God's light." "I immediately liked him," she said, "because I thought he believed in God."
Still, the hospitals where he worked soon started to notice his odd work habits. At San Jacinto Methodist, for example, he repeatedly canceled scheduled surgeries. He also failed to keep appointments with patients or keep accurate medical charts. Internal hospital memos from as early as 1983 show that the medical staff was worried that Scheffey's erratic behavior might be the result of drug use. And he was not always the well-mannered and charming young doctor. In one nurse's report from 1984, he was described as "very ugly and sarcastic toward me." The nurse added that "his speech was very slurred and irrational."
Even more disturbing, Scheffey came to be known as a surgeon whose patients lost a great deal of blood."The losses were massive," says Priscilla Walters, an attorney who has been involved in twenty lawsuits against Scheffey. "Sometimes almost all of the patient's blood had to be replaced. The surgeries he was performing, in the hands of a competent surgeon, did not result in much blood loss- usually about one hundred cc's, or three ounces. One of my clients lost four thousand cc's [more than a gallon] during a back surgery." Scheffey so often emerged from the operating room covered with blood that he earned a nickname: Eric the Red.
Scheffey was woefully ignorant of one of the most important areas of surgery: hemostasis, or the control of bleeding. In depositions from lawsuits, two of Scheffey's former colleagues said that since he did not know how to use conventional techniques to control bleeding, Scheffey resorted to primitive ones, notably the wildly liberal use of bone wax and Gelfoam sponges. Bone wax is a substance used to stop bone from bleeding. Gelfoam sponges are soaked in a coagulant called thrombin and are used to stop general bleeding. Most surgeons require less than one tube of bone wax during an operation. Scheffey often used ten. In a single operation, most surgeons might use one or two five-by-seven-inch Gelfoam sponges. Scheffey once used seventeen. "Since he did not know how to control bleeding, he used bone wax like Bondo," says Hartley Hampton, a Houston attorney who has represented more than a dozen of Scheffey's former patients.The application of bone wax in those quantities, according to a 1992 deposition from Dr. Baltazar Benavides, who had assisted in many of Scheffey's operations, can create a breeding ground for bacteria that cause the sorts of infections that plagued so many of Scheffey's patients.
Tywater's death was thus a logical outcome of Scheffey's incompetence. But it was also related to another of the doctor's personal quirks. On the day after Memorial Day, a security guard at Montgomery Ward found Scheffey in green surgical scrubs, with shoe covers, a cap, and a lab coat crammed with hundred-dollar bills and reported that he was "pacing real fast, swearing and cussing, pulling things off the shelves." Trailed by the security guard, Scheffey then went to the cash register and put eight toy dolls, four hundred-dollar bills, and his car keys on the counter and walked out of the store. Scheffey, as it turned out, was out of his mind on cocaine. Police later found thirty grams of the drug- about $3,000 worth-in his Jaguar. He was arrested, pled guilty to criminal possession of cocaine, and received a ten-year probation and a $2,000 fine.The state medical board restricted his license and put him on its own ten-year probation, which included drug tests, counseling, and the requirement that he be monitored by other doctors. Shortly after the incident, Scheffey checked himself into a California drug rehabilitation center.