Preview Newsletter
Ethicon Media Monitoring 11/29/16
-
Dr. Walker Pursued by AMS for his Part in Alleged Mesh Removal Scheme
Nov 28, 2016 | Mesh Medical Device Newsdesk
He has been profiled by Mesh News Desk (also an advertiser at one time) and DrugWatch and is considered one of the more reliable mesh-removal doctors in the country.
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
-
Dr. Walker Pursued by AMS for his Part in Alleged Mesh Removal Scheme
Nov 28, 2016 | Mesh Medical Device Newsdesk
Mesh Medical Device News Desk, November 28, 2016 ~ He has been profiled by Mesh News Desk (also an advertiser at one time) and DrugWatch and is considered one of the more reliable mesh-removal doctors in the country.
Now Dr. Walker and his chief financial officer are being pursued by American Medical Systems for their involvement in an alleged for-profit illicit scheme against the now closed company.
For years now, mesh maker, American Medical Systems has accused doctors and middlemen of scheming the company with bogus high priced mesh-removal surgeries.
Dr. Walker and his UroGyn Specialists of Florida has been one of the more vocal doctors speaking out against the use of pelvic mesh as a first-line treatment and offering women a complete or partial transvaginal mesh removal as well as non-mesh treatments for incontinence and prolapse.
Mesh News Desk profiled the urogynecologist (here and here) as did DrugWatch. (here).
But this year he’s be suffered a setback in his 30 to 40 mesh-removals a month schedule. Dr. Walker has been vigorously pursued in court by lawyers working for American Medical Systems (AMS), one of the mesh manufacturers the focus of defective mesh litigation.
After AMS was sold to Endo International and renamed Astora Women’s Health, the company couldn’t find a buyer and finally closed its doors last March to “reduce the potential for product liability related to future mesh implants.” See the MND story here.
Ironically, for a company facing the financial weight of litigation, AMS has been paying a legion of high-priced corporate lawyers to fight its internal battles.
Led by Barbara Binis, of Reed Smith of Philadelphia, she and her team have been working for years to uncover the workings of an alleged scheme for profit from legal funders, middlemen and doctors to bilk the company of thousands of dollars.
AN ILLICIT SCHEME
The allegations go like this – medical marketers get leads on women who have received mesh implants and refer them to litigation funding companies then to doctors who perform medically unnecessary mesh removal explant surgeries at a significant markup.
A concierge facilitator, makes travel arrangements and everyone gets a kickback from the litigation funding company.
The woman gets her much needed surgery, even though she may have had insurance to cover the surgery closer to home. The alleged pitch is she will get removal surgery from one of the few in the country who specialize in the procedure.
The downside – A 39% interest rate if she gets a loan, and no follow-up care with the doctors chosen, except for a day or two after. The often unsophisticated consumer allegedly pays top dollar for questionable care, according to the AMS theory.
The company believes up to 80 women have been solicited this way, some who have no complications, may also be talked into joining the 20,000 defective product lawsuits filed against AMS in federal litigation.
Dr. Walker was deposed by AMS lawyers last May to see what role he may have played in the surgeries on two out-of-state women, Ms. Greenier and Ms. Elliott. Both were allegedly told not to use insurance and that a concierge, Surgical Assistants, would take care of their travel needs to Orlando.
Mesh News Desk reported (here) on one of these alleged schemes in 2013 involving MedStar Funding, Dan Christensen, and a broker, Otto Fisher.
In his deposition, Dr. Walker says he has not heard of either Fisher or Christensen.
DR WALKER’S DEPOSITION
Deposed Dr. Walker on May 3, 2016 in Orlando. Dr. Walker spoke of his Hippocratic oath as a surgeon to first do no harm. He’s removed mesh from nine women for no charge he told Ms. Binis.
“At the end of the day I consider myself a humanitarian. These are human beings who are suffering.
“Because they have no money and I have a skill set, then, you know, it’s my duty to help.”
That wasn’t really the line of questioning she was pursuing.
Dr. Walker says he’s had three women who have come to him with no mesh in their body, convinced it was causing complications. He turned them away. Other women have no clinical need to have mesh removed, he said.
Binis pursued how the business works in a complicated, lengthy back and forth.
Some women rely on insurance to pay the surgical bill. Dr. Walker is credentialed to accept insurance reimbursement as an employee of UroGyn Specialists of Florida, his place of business in Orlando. Dr. Walker is also the sole owner of Med/Surg which is not credentialed to take insurance.
Surgery through Med/Surge can run $5,000. One hospital lowered Dr. Walker’s surgical rate to $3,500.
Other surgeries are funded by LawCash, a legal funder, which sends the office a check for $25,000 per patient. LawCash charges interest to the patient and will collect from her settlement from AMS. After services are paid Dr. Walker makes about $10,000 per patient.
Patient Greenier “had never complained to any doctor about pelvic pain for nine years,” Binis stated in Walker’s deposition, so how did you know she needed removal?
Because her pain was ten out of ten, he answered, and she demonstrated evidence of a chronic inflammatory process.
Binis suggested in her question that both the funder and concierge services spoke to the patient in advance of her surgery.
Binis: “Were you aware that some of these funding contracts come with a 39% annual interest rate compounded monthly?”
Walker: “I don’t know those issues, mam.”
In your interview in DrugWatch you said “what the patient really needs is to have the mesh taken out.” He agreed he said that.
Binis asks why were $500 surgeries not the norm while some were $3,500? No one can expect a surgeon to collect $500 on a very complication time consuming surgical procedures, said Dr. Walker.
Binis is very argumentative.
Binis: “What kind of service were you giving that was worth seven times more than what you would have done had the patient come to you in a regular practice?”
Walker:”I’m certainly not aware of any surgeon who can accept $500, that’s less than what I pay my plumber,” said Dr. Walker in response.
Dr. Walker said there was no one in his office soliciting mesh removal business or working on commission.
Binis asked, “Have you ever told a patient you are one of three doctors in the country who can remove slings?” No, says Dr. Walker.
“That’s not true, Counsel,” he said, adding his chief financial officer (CFO) would know the compensation rates.
According to a November 8 filing, Magistrate Judge Cheryl Eifert denied the further deposition of Walker’s CFO, Chelly Exum after an inquiry into the business practices of the doctor.
Eifert allowed sanctions to be filed against AMS for overreaching a protective order.
Not to slow down, Ms. Binis has filed notices to seven women who will be deposed in Florida before the end of the year, as well as Women’s Health Center of South Florida and Beth Israel Surgical Center of Broward Outpatient Center.
Ironically, Reed Smith is facing accusations of questionable practices of its own, as reported by ReedSmithWatch.com, which says partners, including Binis, bill around $700 an hour. ##
http://www.meshmedicaldevicenewsdesk.com/dr-walker-pursued-ams-part-mesh-removal-scheme/
Client Attorney Privileged/Attorney Work Product/At Request of Counsel
Online Sources
Add recipients
Suggested