Doctor Sentenced to 7 Months in Federal Prison for Receipt and Delivery of Misbranded Devices
POCATELLO – Temp Ray Patterson, MD, 55, formerly of Burley, Idaho, was sentenced to seven months in prison for receipt and delivery of misbranded devices, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill also sentenced Patterson to serve one year of supervised release following his incarceration, and to pay restitution of $8,200 and a fine of $10,000.
According to court records, from March 2014 through April 2015, Patterson knowingly implanted in patients nine pairs of misbranded breast implants that were not approved by the Food and Drug Administration (FDA). The breast implants were shipped to the defendant from China.
Patterson provided brochures, handouts, pre-operative worksheets, and sample sizers that misled his patients into believing that they would receive FDA-approved implants, when they did not. For example, on February 27, 2015, Patterson implanted in a patient a misbranded pair of implants from China. Before and after the surgery, Patterson gave the patient labeling for FDA-approved implants, telling her that she received a certain brand of FDA-approved implants. To support this, Patterson sent the patient emails with pictures of the boxes and serial numbers of FDA-approved implants, falsely claiming that was what he implanted in her body. In addition, Patterson changed the patient’s medical records to show that she received a different size implant than was actually used. Patterson changed the size to match the sizing of the FDA-approved implants he told the patient he used.
“Members of the community trust their medical providers to use FDA-approved products,” said U.S. Attorney Davis. “Doctors who choose to mislead their patients and use unapproved products will be prosecuted. I commend the efforts of the FDA Office of Criminal Investigations for their work.”
“U.S. consumers rely on the FDA to ensure that medical devices, including breast implants, are safe and effective. They also rely on their doctors to properly identify the devices they are using,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “When medical professionals attempt to put profits above their concern for their patients, we will investigate and bring them to justice.”
This case was investigated by Food and Drug Administration Office of Criminal Investigations with the assistance of Health and Human Services Office of Inspector General.
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