A North Carolina doctor has been convicted of fraud after she was caught reusing disposable sinus surgery instruments hundreds of times.
Anita Louise Jackson, 59, ran three Greater Carolina Ear, Nose and Throat offices where she reused devices to trick 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 was also convicted of falsifying medical and medical records, paying illegal remuneration, mail fraud, and conspiracy.
Jackson faces up to 40 years in prison based on the maximum terms for each charge she was convicted of and fines in excess of $250,000. The jury has already forfeited $4,794,039.31 for Medicare fraud.
Anita Louise Jackson, 59, ran three Greater Carolina Ear, Nose and Throat offices where she reused devices to trick and mislead patients. Between 2011 and late 2017, she performed more than 1,400 of these surgeries for Medicare patients
Jackson operated offices in Raleigh, Lumberton and Rockingham, where she used the Entellus XprESS, an FDA-cleared device to perform balloon sinuplasty surgery for the treatment of chronic sinusitis.
The FDA only approved it for one patient use, one operation, and then it’s to be thrown away.
Justice Department officials noted that records showed Jackson received at most 36 new devices during the years she conducted those 1,400 procedures.
“This doctor put profit before patients, lured Medicare patients with free ‘sinus baths,’ and risked infecting those patients by using the same disposable surgical equipment over and over again,” said Michael Easley, US Attorney for the Eastern District North Carolina.
“If we allow doctors to trick Medicare to augment their profits by performing unsupported medical procedures, every single American taxpayer will bear the cost. But the greatest harm is being felt by victim patients who deserve better and by older Americans who are on Medicare and are entitled to quality care.’
Investigators discovered that Jackson would lie to patients and not tell them she was using the “counterfeit” device, although she admitted she had more than enough money to buy them for each individual patient. She just decided against it.
“Jackson’s blatant disregard for the health of her patients has led to her conviction on multiple federal charges.”
Jackson operated offices in Raleigh, Lumberton and Rockingham, where she used the Entellus XprESS (pictured), an FDA-cleared device to perform balloon sinusoplasty to treat chronic sinusitis
Jackson’s location in Rockingham. Justice Department officials noted that records showed Jackson received at most 36 new devices during the years she conducted those 1,400 procedures
Since most of her patients received Medicare, she is also accused of using those procedures to bill Medicare for over $46 million.
“FDA continues its commitment to aggressively prosecute those who deviate from prescribed medical device use standards,” 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 on 10 counts of illegally tricking her patients into having the procedure by not collecting fellow patients, allowing her to lure patients into what she felt was “free” treatment they might not have would have needed.
She is also accused of writing off and hiding the full cost of the procedures on all bills sent to patients.
“It is troubling when scammers take advantage of vulnerable Medicare members and defraud federal health programs for personal gain,” said Tamala E. Miles, Acting Special Agent for the Office of the Inspector General, US Department of Health and Human Services.
The US Attorney’s Office in the Middle District also has a pending civil complaint against Jackson