Chattanooga Times Free Press

Physician pays for using unapproved foreign drugs

- BY DAVE FLESSNER STAFF WRITER

A retired Chattanoog­a oncologist has repaid the government for cancer treatment drugs that were improperly bought by his wife from foreign sources not approved by the U.S. Food and Drug Administra­tion.

Federal prosecutor­s said Wednesday that Dr. Donald Chamberlai­n and his wife, Karen, paid $428,700 to the government to repay Medicare, TennCare and other government insurance programs after Karen Chamberlai­n pleaded guilty to a misdemeano­r charge of buying and “misbrandin­g” prescripti­on drugs, including the anti-cancer drug Taxotere.

The drugs were made in the United Kingdom and sold through a Canadian company without FDA approval. But Karen Chamberlai­n said in her 25 years as office manager of Chattanoog­a Gyn-Oncology PC she “did not know she was doing anything wrong when she was buying from the foreign source.”

U.S. Attorney Doug Overby said the couple and their practice provided foreign-made drugs from 2009 to 2012 because the foreign substitute­s were less expensive than the FDAapprove­d drugs, thereby leading to overcharge­s for Medicare, Tenncare and the Federal Employees Health Benefit Program.

“Administer­ing oncology drugs manufactur­ed in other countries and not approved by the FDA, risks the safety of our citizens,” Overbey said in a statement Wednesday. “We will continue to pursue aggressive­ly, medical providers who improperly put their own financial interests ahead of the safety of their patients and who ignore rules instituted to protect the taxpayer funded healthcare system.”

Under terms of her guilty plea, the government put Karen Chamberlai­n, 62, on probation and required the Chamberlai­ns to repay the government for supplying the cheaper, foreign drugs to patients. Donald Chamberlai­n has retired and no longer operates Chattanoog­a Gyn-Oncology, according to Karen Chamberlai­n.

Federal prosecutor­s said their investigat­ion found the drugs being bought by Chattanoog­a Gyn-Oncology were bought through Quality Special Products in Winnipeg, Canada, which bought drugs originatin­g in the United Kingdom.

Sharry DedmanBear­d, a spokesman for the U.S. Attorney’s office in Knoxville, said the claims settled by the agreement announced Wednesday are allegation­s only; there has been no determinat­ion of liability.

The investigat­ion was a coordinate­d effort by the U.S. Attorney’s Office in Knoxville, the U.S. Department of Health and Human Services Office of Inspector General, U.S. Food and Drug Administra­tion Office of Criminal Investigat­ions, U.S. Office of Personnel Management, the FBI, and the Tennessee Attorney General’s Office.

Contact Dave Flessner at dflessner@timesfree press.com or at 423757-6340.

 ?? STAFF FILE PHOTO ?? Dr. Donald Chamberlai­n explains a surgical technique in 2008. Chamberlai­n and his wife, Karen, paid $428,700 to the federal government after she pleaded guilty to buying and “misbrandin­g” prescripti­on drugs.
STAFF FILE PHOTO Dr. Donald Chamberlai­n explains a surgical technique in 2008. Chamberlai­n and his wife, Karen, paid $428,700 to the federal government after she pleaded guilty to buying and “misbrandin­g” prescripti­on drugs.

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