Memphis, TN – After a three-and-a-half-week trial and five days of deliberations, a federal jury found Memphis physician Sanjeev Kumar guilty of eighteen counts of adulteration of medical devices, sixteen counts of misbranding medical devices, and six counts of health care fraud. From 2019 to 2024, Kumar submitted and caused his employees to submit fraudulent claims to Medicare and Medicaid for hysteroscopy with biopsy procedures that were not medically necessary and conducted with adulterated devices. United States Attorney D. Michael Dunavant, of the Western District of Tennessee, announced the verdict today.
“This doctor put profit ahead of patients, targeting a vulnerable population of women, telling them he needed to conduct invasive gynecological procedures to diagnose them with cancer and risking infection to those patients by reusing the same insanitary medical devices on them again and again,” stated D. Michael Dunavant, U.S. Attorney. “If we allow doctors to bilk Medicare and Medicaid to pad their profits by performing unsupported medical procedures with filthy devices — each and every American taxpayer eats the cost. But the harm is most felt by the victim-patients who deserved better, and the American women on Medicare and Medicaid are entitled to quality care. Kumar’s blatant disregard for his patients’ health has led to his conviction on multiple federal charges. My office is proud to work with the investigative agencies that helped bring this man to justice.”
Kumar was a gynecologic oncologist who operated Poplar Avenue Clinic, a women’s health clinic in Memphis, Tennessee. Between September of 2019 and April of 2024, Kumar and the advanced practitioners he supervised performed over 15,000 hysteroscopies with biopsy on 5,559 Medicare and Medicaid patients. The hysteroscopy with biopsy is an in-office procedure where a hysteroscope is inserted into the vagina, pushed through the cervix, and into the uterus. A grasper or pipelle is then inserted through the hysteroscope to take a sample of the endometrial lining of the uterus. The procedure is used to diagnose endometrial cancer. The FDA cleared several single-use hysteroscopes and graspers, as well as reusable hysteroscopes to complete these procedures.
The single-use devices were to be used once and then discarded. To correctly disinfect the devices cleared for reprocessing, Kumar had to strictly follow manufacturer instructions. Kumar routinely failed to subject the reusable devices to vital reprocessing steps between patient use, thereby, endangering patient safety. The single-use devices, even if they had been correctly reprocessed, had to be labeled as such, and Kumar did not label them. Kumar purchased less than 200 new single-use hysteroscopes, and 3 of the 6 single-use graspers of a certain type he purchased in 2019 were still in use in the office in April 2024.
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“FDA’s requirements for safe use of medical devices are in place to protect the health of the public. When healthcare providers disregard safety information, including single-use and single-user designations, resulting in the adulteration and misbranding of medical devices, they put patients’ health at risk,” said Acting Special Agent in Charge Juan Berrios, FDA Office of Criminal Investigations, Miami Field Office. “We will continue our vigilance in protecting the U.S. consumers’ and patients’ right to safe medical products.”
Kumar billed more than $41 million for the hysteroscopy with biopsy procedures between September 2019 and April 2024. He netted more than $4.8 million for this procedure from Medicare and Medicaid alone. That amount does not include any hysteroscopy with biopsy procedures performed on patients with private health care insurance.
“Profits should never come before patient safety,” said TBI Director David Rausch. “When healthcare providers sidestep best safety practices for the sake of their bottom line, patients pay the price. I’m proud of the work of our team at TBI and all stakeholders to hold this provider accountable and hope it sends a message: We won’t stop rooting out bad actors trying to take advantage of the system meant to support the elderly and our most vulnerable.”
“Health care providers have a solemn duty to prioritize their patients’ well-being and uphold the principle of ‘do no harm.’ When they violate this trust and endanger those in their care, they will be held accountable,” said Kelly Blackmon, Special Agent in Charge at the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Ensuring the safety of Medicare and Medicaid beneficiaries is our top priority, and we will continue to work diligently with our law enforcement partners to safeguard these vital programs.”
“This guilty verdict underscores our commitment to pursuing those who abuse the health care system for personal profit,” said Special Agent in Charge Joseph E. Carrico of the FBI Nashville Field Office. “The FBI and our law enforcement partners will continue to root out health care fraud schemes and hold those accountable who not only waste valuable resources but also jeopardize patient safety and trust.”
Sentencing is set on April 9, 2026 before Chief United States District Judge Sheryl H. Lipman.
Kumar faces a maximum term of imprisonment of 10 years for each Health Care Fraud count and three years for each Adulteration and Misbranding of Medical Devices count.
The United States Department of Health and Human Services Office of the Inspector General (HHS-OIG), the United States Food and Drug Administration Office of Criminal Investigations (FDA-OCI), the Tennessee Bureau of Investigation (TBI), and the Federal Bureau of Investigation (FBI) led the investigation, which was initiated by the Tennessee Attorney General.
Assistant U.S. Attorneys Lynn Crum, Scott Smith, and Sarah Pazar Williams prosecuted the case.