Chuckie74

Neurologist pled guilty to using non-fda approved Botox

6 posts in this topic

https://www.justice.gov/usao-sc/pr/greenville-medical-practice-receives-probationary-sentence-and-agrees-pay-300000-united

 

I just found out that my neurologist and his partner at Neurology Associates in Greenville, SC pled guilty to a federal government criminal and civil investigation of using non-fda approved Botox from 2010-2013. Apparently the FDA conducted a search warrant of their records awhile ago (2013) when their practice was linked to ordering large amounts off label Botox from Medical Device King in New York.

 

I've been a patient since early 2008 and have received Botox shots for migraines almost 4 times a year since. My insurance carrier is Cigna who wasn't aware of the plea and still had them listed as preferred providers. Is there any recourse for us patients actually who pay for our insurance and were billed improperly for years? Also, if we're just now starting to find out about the investigation and settlement how do they know there have been no adverse side effects to patients?  

 

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Did you suffer any adverse effects during the period when the unapproved botox was used?  If not then you probably have no recourse.  Violation of the FDA approval process is between the FDA and the accused and does not necessarily bestow any rights on the persons who received the unapproved drug.

 

Do you know the basis of the FDA action?  It may well be that the drug was perfectly fine but was purchased from another country, such as Canada, without FDA approval.

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Whenever I would talk about having problems with speech, memory loss, losing my balance, losing the feeling in my hands and feet or that the botox didn't seem to work it was attributed to my anti-seizure medication. The solution was to double the amount of botox injected. I don't think he would tell anyone that their issues were attributed to some bad botox. I would also bruise every time I was injected. Only four if the injections were actually to my forehead. Two between my eye then two more under my hairline. The rest were into the sides of my scalp, the top and back of my head, my neck and then a few into my upper back. At a certain point the girl who used to handle all of the insurance and scheduling for botox appointments left the practice. When her replacement took over I was asked a few times if I would be providing my own botox?? Which I thought was strange and asked how could a person bring in botox. 

 

They pled guilty to a civil claim filed by the govt to cover medicare insurance claims filed during the three years and of knowingly purchasing the off label botox from this supplier. Every year my botox was a major expense which I assume was not billed through my insurance carrier as being discounted. How is that not fraud? I'm glad the government got their insurance money back but private citizens who have insurance through our employers must just have to suck it up. 

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Every year my botox was a major expense which I assume was not billed through my insurance carrier as being discounted. How is that not fraud? I'm glad the government got their insurance money back but private citizens who have insurance through our employers must just have to suck it up. 

 

So your concern somehow involves your medical insurance.  Can you explain how the fact that the botox was not FDA approved affected your medical insurance.  I assume the fact that the botox was not FDA approved did not affect the insurance claims submitted by the medical provider.

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Hi @Chuckie74

 

Welcome and thanks for posting. So sorry to hear about your situation with your former doctor, that sounds horrifying! As others have mentioned, you may want to speak with a medical malpractice attorney about your situation. If you need help finding one, you can use our Lawyer Directory.

 

Best of luck!

The FindLaw.com Team

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