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Justice News

Department of Justice
U.S. Attorney’s Office
District of Nevada

FOR IMMEDIATE RELEASE
Tuesday, May 5, 2015

Las Vegas Urologist Sentenced To Four Years In Prison For Re-Using Needle Guides During Prostate Procedures

LAS VEGAS, Nev. – Las Vegas urologist, Michael Stanley Kaplan, 60, was sentenced today to four years in prison and one year of supervised release for re-using single use needle guides during prostate procedures, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.

“Dr. Kaplan re-used the needle guides for the purpose of personal enrichment and with an intent to defraud or mislead,” said U.S. Attorney Bogden. “We will hold accountable those medical professionals who endanger patients for their own personal profit.”

Kaplan was convicted by a jury last September of one count of conspiracy to commit adulteration.  The jury acquitted him of making false representations to Food and Drug Administration (FDA) investigators regarding the duration of his re-use of the needle guides.

“FDA’s requirements for safe use of medical devices are in place to protect the health of the public; when these requirements are flouted, serious consequences can ensue,” said Lisa L. Malinowski, Special Agent in Charge of the Los Angeles Field Office for FDA’s Office of Criminal Investigations. “We will continue our vigilance in protecting the U.S. consumers’ and patients’ right to safe medical products.”

At the time of the offense, Dr. Kaplan operated Green Valley Urology. According to the evidence presented at trial, Kaplan re-used single-use plastic needle guides during prostate procedures, causing a significant health risk to his patients. The packaging on each needle guide clearly warned that they should not be used more than once, but Dr. Kaplan instructed his staff and permitted his staff to re-use them three to five times prior to disposal.  Between about Dec. 15, 2010, and March 11, 2011, Dr. Kaplan performed approximately 120 procedures requiring a needle guide but used less than 10 guides during that period.

The case was investigated by the FDA Office of Criminal Investigations and prosecuted by Assistant U.S. Attorney Crane M. Pomerantz and Special Assistant U.S. Attorney Peter J. Leininger.

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Updated May 5, 2015