According to a criminal complaint filed by the U.S. Attorney for the Eastern
	 District of Michigan, a Detroit doctor has been falsely diagnosing patients
	 with cancer, just so he can give them chemotherapy and make money from
	 doing that.
I am a whistleblower lawyer, and I had so much to do today that I had decided
	 I would skip blogging today. But then I read about this case, and was
	 so shocked and infuriated that I just had to write.
The accusation is so bizarre that I’ll say it again. The Complaint
	 says that Dr. Fata of Michigan diagnosed patients with cancer, even though
	 they did not have cancer, because he decided he would like to make more
	 money. Apparently he couldn’t drum up enough cancer patients who
	 needed chemotherapy, so he invented a few.
The Complaint is filed as a healthcare fraud indictment. The doctor is
	 accused of defrauding Medicare because he billed for chemotherapy, PET
	 scans and other cancer treatments for patients who did not have cancer.
	 The Complaint talks about how much money the U.S. has lost to the fraud.
	 I represent whistleblowers who file False Claims Act lawsuits, so I am
	 curious as to whether a whistleblower told the Government about the fraud.
	 I could not tell from the Complaint, but the Complaint did give the dates
	 on which Dr. Fata’s employees were interviewed, and I noted that
	 one of Dr. Fata’s employees was interviewed three days before the
	 others. The Complaint gave less information about this employee than it
	 did about the others.
The doctor also is accused of giving people more chemotherapy and more
	 drugs than they needed – a lot more. For example, an oncologist
	 who had worked with the doctor said that over a two-year period, Dr. Fata
	 ordered 56 doses of Rituximab for a non-Hodgins lymphoma patient –
	 even though the correct dosage would have been 12. The doctor also treated
	 patients who had Idiopathic Thrombocytopenic Purpura (ITP). These patients
	 were to be given Rituximab for 5-6 weeks before they had surgery to remove
	 their spleens. Allegedly the drug was so profitable for Dr. Fata that
	 he kept patients on it for years and never mentioned the surgery option.
For two patients, Dr. Fata allegedly ordered a “maintenance dose”
	 of chemotherapy – even though the patients were in remission. Fortunately,
	 the Complaint says these two patients sought second opinions.
The doctor also is accused of hiring three foreign doctors and letting
	 them treat patients even though the foreign doctors were not licensed
	 in the U.S.
Yes, Dr. Fata’s actions would have defrauded Medicare and Medicaid.
	 But can you imagine the agony that these patients and their families went
	 through? The Complaint notes that the doctor generally did not tell patients
	 they had been diagnosed with cancer, but he did falsify their records.
	 It seems very likely that some of these patients “learned”
	 that they had cancer when they talked to their insurance carriers or their
	 other doctors.
And then the Government says that the doctor intentionally gave chemotherapy
	 to the patients knowing they did not need it! These patients became desperately
	 ill from chemotherapy – for nothing! I can imagine that a dad was
	 so sick he couldn’t travel to see his son’s graduation from
	 college. A mom couldn’t snuggle her child to sleep at night because
	 she was in the bathroom throwing up. Somebody lost a job because he or
	 she didn’t have the strength to go to work.
As a lawyer, I’ve generally got a lot to say, but words fail me here.
Yes, Dr. Fata made a large profit. According to the Complaint, his company
	 billed Medicare $35 million in just two years, and $25 million of that
	 was for Dr. Fata’s services. But how can you even plumb the depths
	 of the misery that this man must have caused, allegedly just to make more money?