Idaho doctor sent to prison after patients received non-FDA-approved breast implants
An Idaho doctor was sentenced to seven months in prison for intentionally misbranding breast implants he gave to patients.
Dr. Temp Ray Patterson, 55, formerly of Burley, was sentenced for receipt and delivery of misbranded devices, according to the U.S. Attorney’s Office.
U.S. District Judge B. Lynn Winmill also sentenced Patterson to serve one year of supervised release following his incarceration, and to pay restitution of $8,200 and a fine of $10,000.
From March 2014 to April 2015, Patterson knowingly implanted in patients nine pairs of misbranded breast implants that were not approved by the Food and Drug Administration, according to court records. The breast implants were shipped to the defendant from China.
“Patterson provided brochures, handouts, pre-operative worksheets, and sample sizes that misled his patients into believing that they would receive FDA-approved implants, when they did not,” according to a news release.
For example, on Feb. 27, 2015, Patterson operated on a patient and put in a misbranded pair of implants from China. Before and after the surgery, Patterson gave the patient labeling for FDA-approved implants, telling the patient that she received a certain brand of those. To support this, Patterson sent the patient emails with pictures of the boxes and serial numbers of FDA-approved implants, falsely claiming that was what he implanted.
Patterson also changed the patient’s medical records to show that she received a different size of implant than was actually used, and changed the size to match the sizing of the FDA-approved implants.
“Members of the community trust their medical providers to use FDA-approved products,” said Idaho U.S. Attorney Bart Davis in a news release. “Doctors who choose to mislead their patients and use unapproved products will be prosecuted. I commend the efforts of the FDA Office of Criminal Investigations for their work.”
This case was investigated by that FDA unit with the assistance of the Health and Human Services Office of Inspector General.
