Boston surgeon admits to illegal kickbacks, to pay $200K fine, U.S. Attorney says

BOSTON — The head of spine surgery at Boston Medical Center who was reprimanded by the state in 2021 for leaving a patient in the operating room during an emergency surgery has agreed to pay a $200,000 fine for illegal kickbacks.

Dr. Tony Tannoury, of Andover, admitted to soliciting and receiving free medical devices from Raynham-based manufacturer and distributor DePuy in return for ordering, arranging for, and recommending the purchase of DePuy’s products in spine surgeries he performed on Medicare and Medicaid patients in Massachusetts, in violation of the Anti-Kickback Statute and the False Claims Act, Acting U.S. Attorney Josh Levy said in a statement Friday.

Tannoury also used these products in surgeries he performed overseas in countries including the Kingdom of Saudi Arabia, Lebanon, and Qatar, Levy said.

“Physicians violate the law when they solicit and receive free goods from medical device manufacturers. Unlawful kickbacks like these can corrupt medical judgment and creates an uneven playing field for companies that play by the rules,” Levy said. “Today’s settlement reflects our office’s commitment to holding individuals who receive kickbacks accountable under the False Claims Act.”

Boston 25 has reached out to Tannoury for comment.

In a statement Friday, Boston Medical Center called Tannoury “a highly respected spine surgeon.“

“Dr. Tony Tannoury made a personal decision to resolve a civil matter, regarding his non-profit work, through a settlement agreement with the U.S. Attorney’s office. Boston Medical Center (BMC) was not a party to this case and the non-profit work was not done on behalf of BMC. Dr. Tannoury continues to be in good standing at BMC, where he is a highly respected spine surgeon,” the hospital said in its statement.

In January 2023, the U.S. Attorney’s Office announced that DePuy, with headquarters in Raynham, had agreed to pay approximately $9.75 million to resolve allegations related to its role in the case. The company manufactures and distributes medical devices, including spinal implants.

A spokesperson from DePuy Synthes said in a statement Friday afternoon, “All government claims against the company have been resolved as part of a civil settlement. The settlement was not an admission of liability under any applicable laws. We are committed to conducting business in a way that complies with our Credo and with all laws and regulations.”

According to the settlement agreement, Tannoury “admits, acknowledges and accepts responsibility for the facts underlying the government’s allegations,” the U.S. Attorney’s office said.

From at least July 2016 through February 2018, Tannoury received products from DePuy for use in overseas surgeries, including cages, rods, screws, plates and modular access and retraction systems, Levy said. He performed at least five surgeries using these products in countries including the Kingdom of Saudi Arabia, Lebanon and Qatar.

“Dr. Tannoury never paid DePuy for these products used overseas and continued to use DePuy products in surgeries in Boston, including for Medicare and Medicaid beneficiaries,” the U.S. Attorney’s office said.

The Anti-Kickback Statute “prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare and other federally funded programs,” the U.S. Attorney’s office said, adding that the law is “intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.”

“The United States contends that Dr. Tannoury knowingly and willfully solicited and received free DePuy products, worth over $100,000, in return for Dr. Tannoury’s ordering, arranging for, and recommending the purchase of DePuy’s products in spine surgeries he performed on Medicare and Medicaid patients in Massachusetts,” in violation of the statute, the U.S. Attorney’s office said.

“Improper financial arrangements can compromise medical judgment and adversely influence the medical decision-making process,” Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General, said in a statement. “These types of arrangements have no place in our health care system, and we will continue working together with our federal and state law enforcement partners to pursue such allegations.”

The settlement “resolves allegations that Dr. Tony Tannoury solicited and received illegal kickbacks, and in doing so, used his patients as pawns,” Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division, said in a statement.

“Health care fraud has serious costs, and serious consequences, and the FBI will continue to make investigations like this a priority as we work to deter this behavior,” Cohen said.

In 2021, the Massachusetts Board of Registration in Medicine took disciplinary action against Tannoury after he admitted “that he left a patient in the operating room under the care of the chief resident when he was the orthopedic attending covering for emergencies, that he was not present for the critical portions of the surgery as required by hospital policy and did not return to the hospital until the following day.”

In that case, Tannoury was fined $5,000 and required to complete continuing professional development credits in professionalism.

Tannoury was first licensed to practice medicine in Massachusetts on Dec. 21, 2005, according to the Board of Registration in Medicine. He is also licensed to practice medicine in Maine.

Tannoury is the director of spine services at Boston Medical Center, according to biographical information on the hospital’s website. He is the founder and president of Spinal Progress and Innovation for the Near East, a founding member of the Society for Minimally Invasive Spinal Surgery, and an editor and reviewer for The Spine Journal.

Download the FREE Boston 25 News app for breaking news alerts.

Follow Boston 25 News on Facebook and Twitter. | Watch Boston 25 News NOW

©2024 Cox Media Group