Fired Surgeon Files $100 Million Defamation Suit Against Orlando Health

Sep 16, 2018 at 03:52 pm by Staff


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Jeffrey Feiner, MD, a plastic surgeon fired from Orlando Health (OHI), has filed a suit against the non-profit organization for $100 million, claiming defamation.

According to claims in Feiner's suit, which represents only one side of the case, he was fired without warning or cause by Dr. Mark Roh, president of the Cancer Center, just after performing surgery on March 12, 2018, for reporting what he believed to be unethical and illegal conduct between the hospital system and pharmaceutical firm, Allergan, Inc.

A spokesperson for Orlando Health has responded by saying, "We generally do not comment on pending litigation but can confirm that we strongly deny this physician's allegations and this suit will be vigorously defended."

In a partial list of Feiner's complaints, he claims:

  • OHI terminated Feiner because he objected to and refused to partake in OHI's "unethical and illegal relationship" with Allergan, specifically that Feiner objected to OHI's practice of ordering excessive and unnecessary products from Allergan, Inc., which were billed to patients, patients' health insurance plans, and Medicare/Medicaid. In exchange, Allergan supplied OHI physicians with a number of improper gifts. These exchanges were facilitated by the fact that certain OHI physicians are paid Allergan 'consultants.'
  • While acknowledging there is no inherent problem with a physician being a paid consultant to a pharmaceutical company, the offending issues arose when certain physicians pushed OHI to order unnecessary Allergan products in exchange for compensation and other benefits.
  • Following his termination, OHI allegedly began a smear campaign against Feiner designed to cover up the real reason for his termination.
  • At the insistence of corporate leadership, senior OHI physicians and staff allegedly began circulating malicious lies about Feiner. As they told it, Feiner had been terminated for "throwing knives at patients in the operating room and threatening to kill someone."
  • OHI insisted on absolute allegiance to its party line. In the aftermath of Feiner's termination, OHI leadership met with various junior doctors and staff and advised them as follows: to either tow the party line and support OHI's narrative of Feiner as an ogre to facilitate the cover-up, or, "lose your job."
  • OHI's false statements go to the very heart of Feiner's fitness to practice medicine, particularly as a surgeon. These false statements are designed to destroy Feiner's professional reputation and prevent both his patients and peers from questioning his abrupt, unceremonious termination.
  • Although OHI suggests that Feiner was a long-standing menace with a history of outrageous, volatile and violent behavior, his record at OHI, according to Feiner, suggests he received among the highest patient satisfaction scores in the practice. And he was never once formally accused of any such misconduct. Feiner claims per OHI, he was terminated "without cause."

Feiner's allegations concern his belief that OHI surgeon, Dr. Kenneth Lee, was ordering unnecessary and excessive Allergan products for OHI, mostly in the form of breast implants.

According to Feiner's complaint, Allergan, over a number of years, has paid - directly or indirectly - for OHI Christmas parties, brought gifts for its staff and physicians, paid the tab for staff and physicians' lunches and dinners, and even paid for - in whole or in part - Dr. Richard Klein's lavish 50th birthday party, which included a private sushi chef.

Feiner claims that others in the OHI Aesthetic and Reconstructive Surgery Institute, including Dr. Klein, are aware of Dr. Lee's conduct.

Feiner further claims that Lee is likely still ordering, unnecessary and excessive Allergan products for OHI.

Feiner continues his allegations saying that he suspected OHI was paying too much for certain Allergan products, so he began investigating options for bringing in competitive brands.

Feiner says he flew to San Francisco and met with Aziyo Biologics to discuss getting their products into use at OHI. Feiner says he concluded that Aziyo products provided the same quality at a lower cost.

Upon returning from California, according to Feiner, he shared his findings with others, including Lee, and then began the process of obtaining OHI approval of certain Aziyo products through the Materials Approval Committee.

According to Feiner, the mere suggestion of bringing in an Allergan competitor, coupled with his previous objections to ordering unnecessary Allergan product, angered Lee and caused his employment days to be numbered.

Orlando Medical News reminds readers that these claims and allegations are only one side of the suit as filed by Dr. Feiner.