Federal Govt. Files FCA Suit Against Missouri Neurosurgeon
The U.S. Department of Justice has filed a complaint against Midwest Neurosurgeons LLC and its owner, Dr. Sanjay Fonn, and DS Medical LLC and its owner, Deborah Seeger, for alleged violations of the False Claims Act and the Anti-Kickback Statute in connection with spinal implants and supplies used during surgeries performed by Dr. Fonn.
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federal healthcare programs. It is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based upon the best interests of the patient.
The government’s complaint alleges that Dr. Fonn, 46, and his fiancée, Ms. Seeger, 47, both of Cape Girardeau, Missouri, incorporated D.S. Medical L.L.C. to serve as the distributor of medical devices and supplies to Dr. Fonn and his neurosurgery practice, Midwest Neurosurgeons L.L.C., in Missouri. Through D.S. Medical, Ms. Seeger demanded and was paid exorbitant commissions by medical device manufacturers for medical devices and supplies purchased by the hospital where Dr. Fonn performed spinal fusion surgeries. The hospital’s purchases were based on Dr. Fonn’s decision to use those devices and supplies during operations he performed. According to the complaint, once DS Medical started operating, Dr. Fonn altered the way he practiced medicine, generally using more spinal implants in each of his surgeries while performing more surgeries than he typically performed before or after DS Medical was operating. The commissions paid to D.S. Medical and Ms. Seeger by the manufacturers were allegedly used to purchase a house, a boat, an airplane, and various home improvements, which they shared.
The allegations in the complaint were originally brought in a lawsuit by a former employee of Midwest Neurosurgeons, several physicians, and a spinal implant salesperson under the whistleblower provision of the False Claims Act. The Act allows private parties with knowledge of fraud against the government to sue on behalf of the government and share in the recovery. The government is entitled to intervene in such a lawsuit, as it has elected to do in his case.
The Chanler Group, in association with the Hirst Law Group, represents whistleblowers who take action under the False Claims Act to report fraud committed against the federal and state governments. We have years of experience representing whistleblower clients who expose every kind of fraud against the government, including health care fraud, contract fraud, and tax fraud. Read more about our expertise in False Claims Act cases and how you can take action.