Med Spa Owner Hit with Murder Charge for Fatal IV Drip: Police
The former owner of a Texas med spa and. the business's medical director are both. facing murder charges after a woman went. in for an IV infusion and didn't make it. out alive. We are digging into the. allegedly dangerous practices going on. behind closed doors and why it took. years for authorities to bring charges. Welcome to Sidebar presented by Law &. Crime. >> [music]. >> I'm Jesse Weber. All right, before we go any further, I. got to tell you about our partner, our. sponsor, >> [music]. >> this app called Upside. Upside gets you.
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Use promo code Sidebar to get an extra. 25 cents bonus on every gallon on your. first tank of gas. In July of 2023, 47-year-old Jennifer Cleveland was. looking forward to a day at the spa. Mom. of four, who worked for a local Texas. radio station, posted on her Facebook. page, quote, "The Lux Med Spa by Amber. Johnson will definitely make you look. and feel beautiful." But just one day. later, Jennifer would be dead. This is after she lost consciousness. inside that spa and was pronounced dead.
at the hospital. And since then, multiple investigations. have been launched and there is even a. new law on the Texas books named for. Jennifer in an effort to make med spas. in the state hopefully safer. We're. going to talk about that. Now, we know that the business's owner, Amber Johnson, and the spa's medical. director, Dr. Michael Gallagher, are. facing a combined 39 charges. This is. according to newly filed indictments. They both turned themselves in to. Freestone County, Texas authorities this. week. They bonded out. This is per.
reporting from outlet KWTX. But, how did we get here? Right? What. happened to Jennifer inside that med. spa? And why are two different people. facing such serious charges, criminal. allegations? I want to get into it. There's also a civil component that. we're going to get into, too. Now, an. attorney for Johnson, David E. Moore, confirmed to KWTX. that Jennifer did go to Lux Med Spa uh. on July 10th, where Johnson started an. IV treatment for her. Moore told the. news outlet that Jennifer had signed.
consent forms indicating she wasn't on. any medications, didn't have any chronic. medical conditions, and wasn't under the. care of a physician at the time. Around. 20 minutes later, after her treatment. started, according to Moore, Jennifer. told Johnson she didn't feel well. So, Johnson allegedly had her sit up, take. deep breaths, but Jennifer lost. consciousness. Now, Moore says that. Johnson started CPR on Jennifer, and. that is when she allegedly found a vape. pen in her bra. We're going to get more. into why that's important.
in a second. But, Johnson was reportedly. able to revive Jennifer momentarily. This is according to what Moore told. KWTX, but then she went unresponsive. Johnson. allegedly tried to call 911 twice from. the phone at the spa's front counter, claimed the line was busy, went. unanswered. I wonder if there's phone. records to maybe establish those calls. And she was eventually able to get. through on her personal cell phone. Again, this is according to her. attorney. EMS rushed Jennifer to the hospital, but. police told KWTX.
she died on the way. Now, outlet KCEN TV reported on. Jennifer's autopsy report, which. apparently stated that Jennifer, quote, received an IV infusion containing. vitamin B complex, ascorbic acid, cyanocobalamin, and TPN electrolytes. Now, cyanocobalamin is a form of B12. It's. meant to treat vitamin deficiency, but. according to the Texas Medical Board, TPN electrolyte solution needs to be. prescribed by a doctor and is quote. known to cause complications due to the.
potassium chloride in it. Now, KWTX. reports that Jennifer's final autopsy. report listed her cause of death as. quote sudden cardiac death of uncertain. etiology, but the manner of death, which. could be natural, accidental, suicide, homicide, was listed as unknown. So, both of those are things that defense. attorneys can work with. If there's. something not definitive, does that. leave room for reasonable doubt? The autopsy also reportedly stated the.
administration of intravenous therapy. cannot be definitely ruled in or ruled. out as contributory at this time. However, the IV bag was collected at the. scene and the contents were tested and. TPN electrolytes were apparently. present. It was also alleged that. Jennifer had been getting weekly. infusions, but didn't specify exactly. what kind of infusions or for how long. This is according to KWTX. Here's the. counter argument, right? Johnson, the. spa's owner, apparently or reportedly. didn't have a medical license. The. argument is wasn't supposed to be able.
to get or administer prescriptions. Officials alleged she got around that by. working with Dr. Michael Gallagher, a. Texas anesthesiologist who was listed as. the spa's medical director, and on the. day that Jennifer died, according to her. lawyer, Gallagher was actually more than. 100 miles away at his own practice in. Frisco, Texas, but Johnson was allegedly. able to get the drugs using Gallagher's. credentials. And remember, I mentioned. the vape that Johnson apparently found. when she was trying to do CPR. So, attorney Moore told KWTX.
that he quote requested the vape pen. concealed in Ms. Cleveland's bra be. tested for controlled substances. The. final autopsy report indicated sudden. cardiac arrest death of uncertain. etiology, as well as the postmortem. toxicology being significant for. tramadol and trazodone, neither of which. were administered by Amber Johnson. So, the Texas Attorney General's office took. over the case. They apparently presented. it to a grand jury and got these. indictments that were returned against. both Johnson and Gallagher in Freestone.
County. According to the indictment. paperwork, the grand jury charged. Johnson with 14 counts felony murder, second-degree manslaughter, criminally. negligent homicide, nine counts of. delivery of a dangerous drug, practicing. medicine without a license, and. tampering with or fabricating physical. evidence. Gallagher faces even more. counts, according to his indictment, but. many of the charges kind of mirror. Johnson's felony murder, second-degree. manslaughter, criminally negligent. homicide, nine counts of delivery of a. dangerous drug, practicing medicine.
without a license, practicing medicine. in violation of Texas Occupations Code, and the court paperwork also seems to. show the math totaling up how much bond. that should be set for each defendant. because, according to multiple reports, Johnson turned herself in, posted a. $69,000 bond, Gallagher bonded out on. jail on a bond of $96,500. I want to dig a little bit more into the. specifics of these alleged criminal. violations. I think it's important, we're going to explore it more with. Aleah Roberts in a minute. But, it says, quote, "Amber Johnson, on or about the.
10th day of July 2023, did then and. there commit or attempt to commit a. felony, namely practicing medicine. without a license, causing physical harm. to another person, or delivery of a. dangerous drug, or committed or. attempted to commit an act clearly. dangerous to human life, namely. administering TPN electrolytes to. Jennifer Cleveland, that caused the. death of Jennifer Cleveland." Felony. murder is a little different, right? It's not saying you intended to cause. the death of Jennifer, but you committed. a felony, you intended to commit a. felony, and as a result, someone died.
Now, the manslaughter and the criminally. negligent homicide counts, they're. worded very similarly, but again, you. might be dealing with different kind of. standards here, recklessness, negligence. Each of the delivery of a. dangerous drug charges, they name a. different medication that Johnson is. accused of giving to Jennifer as part of. this IV cocktail, noting that the. various medications, quote, bears or is. required to bear the legend RX only. And. I want to highlight count 14, so the. last count in Johnson's indictment,
tampering with or fabricating physical. evidence, quote, the grand jury further. presents that Amber Johnson on or about. the 7th day of May 2025, knowing that an. investigation or official proceeding was. pending or in progress, namely. investigation into the death of Jennifer. Cleveland, make or present or use a. record or document, namely a record or. document containing the following. additional notes, an add on TPN. electrolytes, 10 ml, and dated June. 10th, 2023, with knowledge of its. falsity and with intent to affect the.
course or outcome of the investigation. or official proceeding. That's quite the. allegation. Now, we looked up the case. that was referenced here, Cleveland et. al. versus McKesson as in et al. So, Jennifer's surviving family apparently. sued McKesson Medical-Surgical. This is. a company that helps distribute meds and. supplies like TPN electrolytes. There. are other named defendants here, Dr. Gallager, the Lux Med Spa, Amber Johnson. herself. And the plaintiff's original. petition that was filed in January 2025.
kind of gives us some more information. about Lux Med Spa. Quote, per the. petition, defendant Amber Johnson, upon. information and belief, is a former. teacher's aide who, in or around the. spring of 2023, had the idea to open a. medical spa. Undeterred by her lack of. medical education, medical training, licensure, or even by the fact that. non-physicians cannot be the majority. owner of such establishments, Johnson. secured a lease in Wortham, Texas. She. formed the Lux Med Spa by Amber Johnson. LLC on April 12th, 2023 and held a grand. opening the following month. By the way,
these are just the allegations, but it. continues. Under Texas law, a physician. must be the majority owner of a medical. spa and the spa must be formed as a. professional organization such as a PA, professional association, PLLC, professional limited liability company, or PC, professional corporation. When. Johnson formed the Lux Med Spa, it was. formed as an LLC, limited liability. company, and she was identified as the. sole owner. Now, the brief also provides.
more alleged information about. Gallagher's supposed connection to the. business. Quote, Through a mutual. friend, Johnson approached Dr. Michael. Gallagher about serving as the medical. director of the Lux Med Spa. Defendant. Dr. Gallagher purportedly agreed to act. as medical director, though he never. signed the medical director agreement. with the Lux Med Spa and worked and. resided more than 100 miles from. Wortham, Texas. Now, according to this. complaint, Gallagher only visited the. actual spa, that location, three times.
And that's where McKesson comes in. Quote, When defendant Amber Johnson. opened the Lux Med Spa, she and Dr. Gallagher approached McKesson to. establish an online portal through which. Johnson, a person with no medical. education or training, could order. dangerous prescription medications to be. shipped directly to the Lux Med Spa. Now, the next part of the complaint gets. a little bit in the weeds, but it is. important to understand the type of. medication that Johnson was apparently. dealing with despite, again, the. allegation that she had no medical. experience. Quote, Utilizing the.
McKesson ordering portal, defendant. Amber Johnson ordered total parenteral. nutrition electrolytes, TPN. electrolytes, to be shipped directly to. the Lux Med Spa. TPN electrolytes are. intended to be infused with total. parenteral nutrition supplements, also. referred to as IV feeding, to provide. nutrition to patients who cannot consume. food and nutrition orally. In fact, the. Pfizer package insert accompanying the. TPN electrolytes distributed by McKesson. instructed that TPN electrolytes must be.
diluted in TPN solution prior to. administration. TPN electrolytes are not. intended to be included in an IV. cocktail. Quote, to ensure patient. safety, IV feeding infusions, particularly when electrolytes are. added, should be administered in a. highly monitored inpatient setting where. emergency resuscitation equipment and. trained personnel are available. The. Luxe Medspa was not a healthcare. facility, did not employ trained. healthcare providers, and did not have. emergency resuscitation equipment. The. petition continues, quote, Ms. Johnson's.
lawyer indicated that Jennifer lost. consciousness, collapsed to the ground, and had no pulse. When the IV bag was. later found, it was empty, reflecting. that the electrolytes intended to be. infused in TPN solution over 8 to 12. hours were infused by Amber Johnson into. Jennifer Cleveland in less than 30. minutes. And the lawsuit alleges that. McKesson created a system that made it. so easy to ship dangerous drugs, one of. the claims being death is a foreseeable. consequence of shipping TPN electrolytes. to a medical spa. Even the Texas Medical. Board, which investigated death,
concluded that TPN electrolytes have no. known use or medical indication in a. medical spa setting. So, all the parties. are being sued individually for. negligence. The plaintiffs also filed a. healthcare liability claim. The family. is seeking a million dollars or more in. damages. Quote, as a direct and. proximate result of the negligence of. the Luxe Medspa as mentioned herein, Jennifer Cleveland died, and the. plaintiffs in their individual and. representative capacities experienced. and continue to experience the emotional. loss of a wife and mother, her love,
comfort, and society, and her financial. support. McKesson, by the way, tried to. have this lawsuit dismissed, but didn't. work. A judge denied it. According to. the court docket, the case is ongoing. It's set for a jury trial this fall. Getting back to the current criminal. case, I mentioned that Dr. Gallagher's. charges mirror Johnson's, but he's also. facing charges for allegedly allowing. Johnson to use his medical license. He's. also accused of aiding and abetting her. For example, here's how count 19 reads, quote, "The grand jury further presents. that Michael Gallagher on or about the. 10th day of July 2023 did then and there.
practice medicine in violation of the. Texas Occupations Code by directly or. indirectly aiding or abetting the. practice of medicine by a person, namely. Amber Johnson, who is not licensed to. practice medicine by the Texas Medical. Board." And after Jennifer's death, the. disciplinary panel of the Texas Medical. Board ordered a temporary suspension of. Gallagher's medical license saying "His. actions posed a threat to the safety of. the people of Texas." Now, his license. was reinstated, there were strict.
conditions put in. According to the. Texas Medical Board website, he's not. allowed to supervise and delegate, quote, "prescriptive authority" to. people like physician's assistants or. nurses, and he had to undergo monitoring. and take part in a class on medical. supervision. The spa, by the way, has since closed. I do want to let you. know there is some good news that came. out of this tragedy. I mean, it's hard to find something out of that, but Jennifer's Law went into effect in. September 2025. It requires all IV. treatments in the state, in Texas, to be.
administered by a licensed profession. The advocacy groups and lawmakers behind. the bill hope that it will make IV. therapy centers around the state safer. But look, Gallagher, Johnson, they could. be facing decades in prison if they're. found guilty on these charges, and I. want to understand a little bit more. about the criminal case, about the civil. case, about how it might tie in. together. Let's get into it. Okay, so I. want to talk about this a little bit. more, and I want to bring on Aleah. Roberts, who's a trial attorney that. specializes in all these different kinds.
of lawsuits. I am I am curious, though. This is a different kind of case, right? I mean, do you see actions like this. both from a. maybe from a civil point of view, but. from a criminal point of view, have you. seen something like this? >> I. Thanks for having me, Jesse. As as you. said, I've normally seen it in the the. civil litigation standpoint, but I've. rarely seen it in the criminal. standpoint. I was very interested to see. to read the differences of the. complaints. I'm also interested to see. that they actually charged both the.
defendants with murder. >> Felony murder. Felony murder. >> Felony murder, right, right. >> like like it's not like intentional, like they intended to kill Jennifer, but. it's the idea of you were intentionally. were committing a felony, right? The. idea of administering this when you. weren't supposed to and she died. Is. that unusual to you? >> I think under the circumstances it's not. and also as we know sometimes the. prosecution will want to send a message, right? And I think this is the best way. to do it. You this is criminal behavior. We can charge under the criminal. statute, under the Texas Penal Code, therefore we should to, you know,
prohibit other individuals who might be. thinking about doing this behavior, who. otherwise are engaging in this behavior, put it down, stop what you're doing and, you know, get out of dodge because you. can be charged criminally. >> What would a jury need to consider? What. kind of evidence would need to be. presented if you're talking felony. murder or manslaughter or criminally. negligent homicide? >> Right. So, number one, we have to look. at the intent, right? We have to look at. the the the the mens rea element. Of. course, we don't have to argue intent. under the manslaughter because we have. the felony, right? We have the intent to.
practice medicine without a license, right? The intent to administer. medication without being a licensed. medical practitioner. So, that point all. that the jury will need to know is that. these individuals are not doctors, they're not nurses, they're not LPNs, licensed nurse practitioners. They have. no medical background other than they're. estheticians. Or maybe something in the. spa realm. And once you have that felony. aspect, once you have that aspect. together and someone passed away, right? As a result of this, there's a victim. the victim is no longer alive. So, I. think providing that evidence that they.
do not have the medical background. necessary, also showing with the. behavior that they engaged in then. caused the death of this individual, that is really what the jury what the. jury will need to know. >> And recklessness and negligence are a. bit different, but if you're making the. allegations that you were doing. something you did not have the authority. to do. That is quite dangerous. I think. you might be able to fill those check. marks. >> For sure. I think it's it's it's a. little different, right? Because. obviously, like you said, recklessness. and negligence are different. I think it. was smart to charge for both because if.
you say, "Oh, there was no disregard.". Because if I'm, you know, these. individuals, and if I'm the defendant, I'm saying, "I've engaged in this. therapy many times. No one's passed. away." And I think they said that there. was a vape on the individuals in her her. bra when they were giving her CPR. So, they're going to try to say that, "Oh, well, the vaping had something to do. with it." But at the end of the day, if. I am the defense, I'm going to say, "I've given this therapy many, many. times. And as a result, no one has ever. passed away. So, that's why they might. get away with recklessness, but there's. still negligence because despite the.
fact that you've done it many times, all. it takes is one time, and as we see. right now, there was a a a loss of life. >> So, yeah, basically, I mean, yeah, that. vape pen it is really interesting. And. And to be clear, right? They're innocent. until proven guilty. There still needs. to be a presentation of evidence here. and how they're going to do it. I did. think it was interesting, if I'm reading. it correctly, maybe I'm not, but. the. Jennifer died in 2023. This case, again, my understanding was presented to the. grand jury January of 2026. Why the.
delay? Is that unusual? Is this because. this is a complex case? >> There could be a lot of reasons, right? I think it could be determining whether. or not we are going to proceed. criminally can definitely play a role in. making sure that you have all of the. necessary evidence that you need to. present to a grand jury. It could be. something as simple as there were key. pieces of evidence that were delayed and. they wanted to make sure they had those. pieces of evidence to put it towards the. grand jury. It could have been something. where there were, you know, things. behind the scenes from, you know, the. prosecution standpoint that they weren't. sure, or going back and forth to.
determining, should we just let this be. a civil case or should there be criminal. char- criminal charges brought? It could. have also been something as simple as. the family advocating. Maybe the. prosecution originally decided that they. were not going to oppress criminal. charges based off of the information. they had at the time and maybe as. information continued to develop and. they continue to receive more evidence. that may determine to proceed with. charging criminally. >> Um, Jennifer reportedly signed the. consent form. If that's the case, what. does that do in terms of liability both. from a civil or criminal context?
>> From a from from both contexts, the. defendants are going to argue that she. waived any rights that she had as a. result of signing the specific waiver. that you know you waived your right to a. lawsuit, you waived your right to to um. to to any type of charges regarding a. civil litigation. However, criminally. that waiver, even though I'm sure the. defendants will offer it, that waiver. doesn't mean anything. I signed a waiver. not to sue you but now I'm not alive. So, even if I sign this form, I'm sure.
no one could agree that I'm signing away. my rights to have a some sort of a. remedy as a result of this of dying as a. result of this treatment. >> Or or also the argument I uh consented. to what the facts were presented to me. at the time. If there was information. that was allegedly concealed, um that. could be something that may be a way to. get out of it. What is generally the. line though between medical malpractice? We see a number of these cases before, right? Where um somebody goes in for.
some sort of procedure, something. happens. If they survive, they're. traumatized by it, they're injured by. it, they can file a lawsuit. If they. don't, even their surviving family. members can file a medical malpractice. or wrongful death action versus actual. criminal action. What's that line? Who. determines that? >> So, from a medical malpractice, number. one is the civilly, right? Medical. malpractice is civil litigation. So, when you're talking about medical. malpractice, you're asking if the. actions that were taken by whoever the. medical professionals were fell below.
the standard of medical care. And what. that means is as a practicing. physicians, we have a duty to our. patients. There are certain guidelines. that must be that must be adhered to at. all times because medical professionals. took an oath. So, if the care that. you're giving, also known as the actions. that you were doing on this individual, result in and fall below the standard of. care, which means that they are not all. doctors across the board would agree. that had we had the same patient in the. same circumstances, we would have not.
engaged in certain behavior. That's how. we get into a malpractice standpoint. Now, when we're talking on the criminal. aspect, we're saying that these. individuals fell below the law, right? That the whole the whole point of how I. think this trans transports itself into. a criminal court is because these. individuals were practicing medicine. without having the proper licensing that. they needed to to practice medicine. So, now the felony aspect is I'm practicing. medicine without having the necessary. credentials. And as a result of my. behavior that I took, now someone has.
unfortunately lost their life. And. that's how we get into the criminal. aspect. >> It seems a lot of the charges and a lot. of the potential evidence are interwoven. between Johnson and Gallagher. Do you. see a situation where if there is going. to be a finding of guilt, it's against. both, or do you see in scenarios where. one holds more liability, potentially. more liability than the other? Um. tell me what you think if they might see. different uh potential outcomes for. these defendants.
>> Well, it it depends on how the the. defendants, you know, also set their. case up, right? Assuming they both have. individual lawyers, if they're going to. play the pointing game, right? One will. say like I think Gallagher is the is the. supervisor. He'll say, "Well, I wasn't. aware of the behavior that was being. engaged. I didn't Excuse me, I didn't. verify that information. I I didn't know. what was going on, right? Therefore, I. shouldn't be liable cuz I didn't. specifically engage in the behavior.". But, there could be an other standpoint. where they'll say that, "Well, I was. supervised by Gallagher because.
Gallagher told me how to have all this. how to actually administer the. information. He told me what was. supposed to be done and I looked to him. for information. And also there was a. key piece when the the notes were. modified. I believe the notes in the. chart were modified and I don't know who. how it's to be determined who. specifically made those modifications. after the victim passed away Miss Miss. Miss Cleveland passed away. They went. back in the chart and they started. messing with the chart the medical chart. after the fact. So depending on if it.
can be determined who was doing that, that might also tie both of the. defendants in for them to both be held. liable. >> What's the interplay? What's the. connection between the lawsuit and the. criminal case? Because sometimes and. correct me if I'm wrong, if you have. overlapping defendants, you couldn't you. stay pause the litigation while the. criminal case makes its way or how does. it work? >> Absolutely Jesse, you're correct. Criminal takes you know criminal usually. criminal cases are tried first because.
as a result of a criminal case the. individual is you know. potentially has the the loss of their. their life, right? As far as enjoyment. as far as being going to jail. You no. longer have rights. So because you your. rights and your liberty are at stake, normally the criminal cases go first. because civil cases have to do with. money. >> And also you don't want to say anything. that could jeopardize your rights in the. criminal trial, right? I mean because. there's more avenues to compel your. testimony in a civil case and you can. don't want to say anything that can be.
used against you and violate your right. against self-incrimination in a criminal. case. So there's a chance that this is. going to be So in other words, we'll see. the outcome of the criminal case before. we see the civil case and whatever. happens in the criminal case does it. necessarily dictate what would happen in. the civil case different standards, right? >> For sure for sure and that's what I was. going to say Jesse. We have two. different standards here, right? We have. for criminal we have beyond a reasonable. doubt and for civil we have a. preponderance of the evidence. So, there's two different standards here.
One is a lot lesser, which is why I'm. for almost 100% positive the criminal. case will go forward first. >> By the way, the idea I mentioned this. before, that the disciplinary panel of. the Texas Medical Board, they. temporarily suspended Gallagher's. medical license, and then it was. reinstated. They put these strict. conditions on. Is that a fact that's. going to be relevant for both the civil. and criminal cases? >> For sure. And at at minimum it'll. to the extent that it'll be used to show.
that this individual had issues with. their license, right? That can be. something so small that then we'll say, "Well, of course they had issues with. their license because they're they. weren't necessarily adhering to the. standard of care." So, that's an. argument that can be made by the. prosecution. I'm definitely looking at. the timelines in which just because of. course there has to be some sort of. disciplinary action that is in that is. begun or starts before the actual. decision is made. So, if I'm the. prosecution, I'm looking at what type of.
information did they have at the. beginning to start the disciplinary. action, and did it happen before my. lawsuit, did it happen during this. lawsuit, did it happen after the lawsuit. to determine the timeline and to say. maybe this individual shouldn't have. been practicing medicine long before. Miss Cleveland passed away. >> By the way, just to finish this up, what. do you make of Jennifer's Law? So, went. into effect September 2025, again. requires all IV treatments in the state. in Texas to be administered by a. licensed professional. I I actually.
wonder if a lot of people look at this. and say, "That wasn't the case? That. wasn't what was going on?". >> I I'm one of those people, Jesse. I'd. say the same thing. Well, why why wasn't. that all always required? Especially. when we have things like a lot of people. hear med spas and they think that it's. just a heightened for like Botox or. things like that. But even things like. Botox, even things like IV therapy, things that seem very simple, this is. still medicine, right? And there's still. a practice of medicine. There still has. to be an individual who has a license to.
actually know how much of the medication. to administer, to not unfortunately, you. know, cause someone to lose their life. >> Leah Roberts gave us a lot to think. about. Thank you so much for taking the. time. Always appreciate it. >> Always a pleasure, Jesse. Thanks for. having me. >> And that's all we have for you right now. here on Sidebar. Everybody, thank you so. much for joining us and as always, please subscribe on YouTube, Apple. Podcast, Spotify, wherever you get your. podcast. You can also check us out on. NBC's Peacock as well. If you want to. follow me, X, Instagram, my NewsNation. show, Jesse Weber LIVE, Monday through. Friday, 11:00 [music] p.m. Eastern. See.
you next time, everybody.
