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Date 2007-02-08
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Table of Contents

Anna Nicole Smith

Category: People Key figures: Anna Nicole Smith (1967–2007); Howard K. Stern (companion, manager, attorney); Larry Birkhead (father of daughter Dannielynn); Dr. Sandeep Kapoor; Dr. Khristine Eroshevich; Dr. Joshua Perper (Broward County Medical Examiner)

Summary

Anna Nicole Smith (born Vickie Lynn Hogan; November 28, 1967 – February 8, 2007) was an American model, actress, and television personality who rose to fame as a Playboy Playmate and Guess? jeans model before becoming a fixture of early-2000s tabloid and reality-television culture. She died accidentally on February 8, 2007, at age 39 in Room 607 of the Seminole Hard Rock Hotel & Casino in Hollywood, Florida. A private nurse found her unresponsive shortly after 1:30 p.m.; she was taken to Memorial Regional Hospital in Hollywood, where she was pronounced dead at 2:49 p.m.

The Broward County Medical Examiner, Dr. Joshua Perper, released his findings on March 26, 2007, ruling the death an accidental “combined drug intoxication.” Nine prescription medications were detected in her system, with the sedative-hypnotic chloral hydrate identified as the major drug, acting in combination with four benzodiazepines (clonazepam, diazepam, lorazepam, and oxazepam) and additional drugs including diphenhydramine, topiramate, and methadone. No illegal drugs were found. Smith had been weakened by acute viral gastroenteritis — with a fever reported as high as 105 °F — and by abscesses from recent injections, conditions that compounded the drugs’ toxic effect.

Smith’s death was one of the largest news stories of early 2007; a Pew Research Center analysis ranked it the eighth-largest story of the period. It also triggered a criminal investigation that produced charges against her companion Howard K. Stern and two physicians, and the litigation over her late husband’s fortune generated two U.S. Supreme Court decisions — Marshall v. Marshall (2006) and Stern v. Marshall (2011) — that reshaped federal bankruptcy and inheritance jurisdiction.

Life and Career

Born Vickie Lynn Hogan on November 28, 1967, in Houston, Texas, and raised in Mexia, Texas, Smith dropped out of high school and worked at a fried-chicken restaurant before entering modeling. She married Billy Wayne Smith in 1985 (divorced 1993); their son, Daniel Wayne Smith, was born on January 22, 1986. Discovered by Playboy, she appeared in the magazine’s March 1992 issue and was named Playmate of the Year in 1993, launching a rapid career as a model, spokesperson, and actress. She appeared in campaigns for Guess? jeans alongside supermodels of the era and cultivated a signature blonde, voluptuous image consciously styled after Marilyn Monroe.

In 1994, at age 26, she married J. Howard Marshall II, an 89-year-old Texas oil billionaire worth an estimated $1.6 billion. Marshall died on August 4, 1995, fourteen months after the marriage. His son E. Pierce Marshall contested any inheritance claim by Smith, triggering a decade-long legal battle that eventually reached the U.S. Supreme Court twice (see Significance below). From 2002 to 2004, Smith starred in The Anna Nicole Show, a reality series on the E! network that attracted up to 2.6 million viewers per episode. She also served as a spokesperson for the weight-loss supplement TrimSpa. On September 7, 2006, she gave birth to daughter Dannielynn Hope Marshall Stern in Nassau, Bahamas. Three days later, on September 10, 2006, her 20-year-old son Daniel died in her hospital room from a lethal combination of methadone and two antidepressants (sertraline and escitalopram). Smith’s grief following Daniel’s death was widely reported and contributed to her declining health in the months before her own death.

A paternity dispute over Dannielynn unfolded publicly; several men — including Howard K. Stern, photographer Larry Birkhead, and Prince Frédéric von Anhalt, husband of actress Zsa Zsa Gabor — claimed fatherhood. DNA testing completed in April 2007 confirmed Larry Birkhead as Dannielynn’s biological father. Dannielynn, who was approximately five months old when Smith died, later appeared in a 2012 Guess? Kids campaign, echoing her mother’s early career.

Significance

Celebrity and cultural impact

At the time of her death Smith was a prominent pop-culture figure — a Playboy Playmate of the Year (1993), fashion model, actress, reality-television star of the E! series The Anna Nicole Show (2002–2004), and long-standing tabloid and paparazzi fixture. Her sudden death at 39 in a hotel room, under circumstances initially unclear but later attributed to accidental drug intoxication, dominated media coverage. According to an analysis by the Pew Research Center, her death was the eighth-largest news story in the United States over the three months that followed — an unusual level of sustained attention for a single celebrity death.

Her death fell within a media-saturated stretch of early 2007. Other stories competed for headlines — the cancellation of Imus in the Morning in April and the Virginia Tech shooting that same month — and the year also saw the deaths of other prominent figures, including author Kurt Vonnegut in April and tenor Luciano Pavarotti in September.

Prescription-drug awareness

Smith’s death came during a period of rising awareness in the United States of prescription-drug abuse and accidental overdose. Her case illustrated the danger of polypharmacy: the interaction of multiple sedative and depressant drugs, each potentially sub-lethal alone but fatal in combination. The chloral-hydrate-and-benzodiazepine interaction that killed her became a reference point in medical and public-health discussion of drug interactions — a concern that intensified through the 2010s as prescription-opioid and benzodiazepine deaths grew into major public-health crises.

Legal precedent

The disputes over Smith’s claim to her late husband’s fortune produced two U.S. Supreme Court decisions:

  • Marshall v. Marshall (547 U.S. 293, 2006): a unanimous (9–0) decision, issued in May 2006, holding that the federal “probate exception” did not bar the federal courts from hearing Smith’s tort claim, allowing her bankruptcy case to proceed in federal court. The ruling broadened federal-court access for a category of disputes previously confined to state probate courts.
  • Stern v. Marshall (564 U.S. 462, 2011): a 5–4 decision, issued June 23, 2011, holding that a bankruptcy court — a non-Article III tribunal — lacked the constitutional authority to enter a final judgment on Smith’s state-law counterclaim against Pierce Marshall. By then both Smith and Pierce Marshall had died, and their estates continued the litigation over J. Howard Marshall II’s fortune. The decision narrowed the powers of bankruptcy courts and became a landmark in the law of Article III jurisdiction.

Smith’s case is thus a rare instance in which the legal aftermath of a celebrity death reshaped federal law through two separate landmark decisions.

Criminal investigation and medical ethics

The investigation into Smith’s death revealed a pattern of reckless prescribing: most of the medications in her system had been prescribed to Howard K. Stern — her companion, manager, and attorney — rather than to Smith herself, and some had been obtained under false names. In 2009 the California Attorney General filed charges against Stern and two physicians — Dr. Sandeep Kapoor (internist) and Dr. Khristine Eroshevich (psychiatrist) — for conspiracy to furnish controlled substances. Stern was initially convicted, but the convictions were later dismissed on procedural grounds; Eroshevich was convicted of furnishing controlled substances; Kapoor was acquitted. The proceedings highlighted the vulnerability of celebrity patients to overmedication and the liability physicians face when prescribing to patients with histories of substance abuse.

Sources