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A North Carolina doctor has been convicted of fraud
after she was caught re-using single-use tools for sinus surgeries hundreds
of times.
Anita Louise Jackson, 59, operated three offices of Greater Carolina Ear, Nose and Throat where she
would re-use devices to defraud and mislead patients.
She performed more than 1,400 of these surgeries for Medicare patients between 2011 and the end of 2017, using just 36 devices.
She's also been convicted on charges of fabricating medical and healthcare records,
paying illegal remunerations, mail fraud, and conspiracy.
Jackson faces up to 40 years in prison based on the maximum
terms of each charge she was convicted of and fines exceeding $250,000.
The jury already ordered forfeiture of $4,794,039.31 in Medicare fraud.
Anita Louise Jackson, 59, operated three offices of Greater Carolina
Ear, Nose and Throat where she would re-use devices to defraud and mislead
patients.
She performed more than 1400 of these surgeries for Medicare patients between 2011 and the end of 2017
Jackson operated locations of her practice in Raleigh, Lumberton and Rockingham,
where she would use the Entellus XprESS, an FDA-approved device for
performing balloon sinuplasty, which treats chronic sinusitis.
The FDA has only approved it for use on one patient, for one surgery and then it is meant to be thrown away.
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Justice Department officials found that records showed Jackson getting, at most,
only 36 new devices in the years in which she was conducting
these 1,400 procedures.
'This doctor put profit ahead of patients, luring
in Medicare patients with free 'sinus spas' and risking infection to those patients by reusing the same single-use surgical devices on them again and again,' said
Michael Easley, U.S.
Attorney for the Eastern District of North Carolina.
'If we allow doctors to bilk Medicare to pad their
profits by performing unsupported medical procedures -- each and every American taxpayer eats the
cost. But the harm is most felt by the victim-patients
who deserved better, and the elderly Americans on Medicare who
are entitled to quality care.'
Investigators discovered that Jackson would lie to patients and not tell them
she was using the 'adulterated' device, despite admitting she had more than enough money to
buy them for every single patient.
She simply chose not to.
'Jackson's blatant disregard for her patients' health has led
to her conviction on multiple federal charges.'
Jackson operated locations of her practice in Raleigh, Lumberton and Rockingham, where she would use the
Entellus XprESS (pictured), an FDA-approved device
for performing balloon sinuplasty, which treats chronic sinusitis
Jackson's Rockingham location. Justice Department officials found that records showed
Jackson getting, at most, only 36 new devices in the years in which she was conducting these 1,400 procedures
As her patients were largely on Medicare, she's also accused of using those procedures to bill Medicare over $46million.
'The FDA continues in its commitment to aggressively pursue those who deviate
from required standards of use for medical devices,
' said Special Agent in Charge Justin C.
Fielder, FDA Office of Criminal Investigations Miami Field Office.
'We will remain vigilant in our efforts to protect consumers from
potentially dangerous products.'
Jackson was also convicted of 10 counts of illegally inducing
her patients to have the procedure done by not collecting co-patients, which allowed her
to trick patients into what they thought was a 'free' treatment that they may not have needed.
She's also accused of writing off and hiding the full cost of procedures on any bills that were sent to patients.
'It is disturbing when fraudsters exploit vulnerable Medicare enrollees and defraud
federal health care programs for personal gain,' said Special Agent
in Charge Tamala E.
Miles of the U.S. Department of Health and Human Services Office of
Inspector General.
The US Attorney's Office in the Middle District also has a
pending civil action against Jackson
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