Here’s what you should know.
1. Patients sued the surgery center for using medical devices off-label during alleged unnecessary surgeries and billing Medicare and Medicaid for the procedures. PureGen, the device cited in the suit, was allegedly used beyond the approved scope and patients didn’t give informed consent.
2. Attorneys gave no reason for the dismissal, but an attorney for the surgery center said in an email to Law360, “The matter was resolved satisfactorily to the parties and litigation has been dismissed.”
3. The dismissal only applies to the surgery center. The surgeon who performed the alleged unnecessary surgeries and a practice which owned JourneyLite from June 2011 to December 2013 are still liable.
A criminal complaint charged the surgeon, Atiq Durrani, MD, with several healthcare fraud violations for using a medical device beyond its clinical trial limitations without consent. The complaint accused the Dr. Durrani’s practice, the Center for Advanced Spine Technologies, of creating false medical records, billing and cost reports.
The company that created the medical device allegedly paid kickbacks to surgeons for their support. The company also removed PureGen from the market in February 2013.
4. The federal government supported the dismissal but retained its right to refile, Law360 reports. Dr. Durrani fled the U.S. after arraignment.
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