Government lawyers accept guilty plea for felony charges by 5 New York plastic surgeons, practice administrator, and head nurse in U.S. District Court in Albany. Federal Judge accepts guilty pleas for charges of giving unapproved fake BOTOX to unknowing patients who believed they were receiving BOTOX and BOTOX Cosmeti
New York government lawyers hear health care practitioners for Albany plastic surgery practice plead guilty to felony charges involving drug related injuries.
New York government lawyers hear felony charges guilty plea by health care practitioners in Albany plastic surgery for drug related injuries.
New York, NY–United States Department of Justice (DOJ) Attorney, Andrew T. Baxter in the Northern District of New York, Assistant U.S. Attorney Thomas A. Capezza, Assistant U.S. Attorney Jason Hadges of the Food and Drug Administration (FDA) http://www.fda.gov along with investigators with the FDA, Office of Criminal Investigations, declared victory against an Albany New York plastic surgery practice, The Plastic Surgery Group, LLP (TPSG). According to the DOJ’s press release on Tuesday, August 11, 2009, five doctors, an office administrator, and a supervisory nurse pled guilty to charges relating to the administration of unapproved false BOTOX to 150 unsuspecting patients.
According to government attorneys, TPSG knowingly sold and administered TRI-toxin, a counterfeit BOTOX made by Arizona based Toxin Research International, Inc. From February 2004 through December 2004, close to 150 patients sought BOTOX injections from the health care practitioners at the Albany, New York plastic surgery group. The unsuspecting patients paid the BOTOX premium price and received injections of what they thought were brand-name and trademarked BOTOX and BOTOX/Cosmetic. The patients believed they were receiving Botulinum Toxin Type for facial wrinkles. The TRI-toxin injection the Albany surgical group was administering is not approved by the FDA and was not listed in brochures, promotional materials, consent forms, and invoices given to patients who received treatment at TPSG.
By pleading guilty to the felony charge brought by government attorneys for the FDA and DOJ, the defendants admitted they intended to mislead patients however, the guilty plea is not an admission of intent to mislead or defraud. The 150 patients paid over $100,000 for fake BOTOX treatments at the plastic surgery office between February 2004 and December 2004. The following named defendants entered their guilty pleas for misdemeanor charges before Senior U.S. District Judge Thomas J. McAvoy:
-Dr. William F. DeLuca, Jr., 58 of Latham
-Dr. Steven Lynch, 65 of Slingerlands
-Dr. Douglas M. Hargrave, 56 of Delmar
-Dr. John D. Noonan, 62 of Slingerlands
-Dr. Jeffrey L. Rockmore, 42, of Delmar
-Practice Administrator Peter M. Slattery, 48 of West Sand Lake
-Supervisory Nurse Susan Knott (nee: Cole), 49, of Latham
Judge McAvoy scheduled the sentencing hearing for TPSG, which faces a fine up to $500,000, and an order to pay restitution to the 150 patients for the one count felony plea of misbranding drugs, on December 14, 2009 at 1:30 p.m., in Albany, New York. The individual defendants face up to one year in prison and up to $100,000 in fines and face sentencing before Judge Homer in Albany at 1:30 p.m., on December 15, 2009.
Educational information for New York government lawyers covering FDA violations and drug related injuries by legal news reporter Heather L. Ryan.