Three Accused of Medical Malpractice and Fraud

L.A. Superior Court has overruled a challenge to the complaint of medical malpractice and fraud against medical device manufacturer St. Jude Medical S.C., Inc., cardiologist and internist Dr. Michael Burnam, and salesman for St. Jude, Dr. Burnam's son, Brad Burnam, as reported by Forbes.

Albert Israel vs. Michael Burnam M.D., Brad Burnam and St. Jude Medical S.S., Inc. is based on a deal that the father and son hatched to prescribe St. Jude defibrillators to patients so that Brad would receive commissions. 

St. Jude was to hire Dr. Burnam's son Brad as a medical sales representative.  Brad was then guaranteed a floor of $200,000 per year and his father would receive compensation for engagements and alleged "research projects".

Punitive damages have been requested in a recent motion to the court for prescribing an unnecessary defibrillator to patient Albert Israel.  The device, coupled with the surgery to install it, "almost killed him" per Israel's attorney, Jeffrey Wolf.  The complaint states that Dr. Burnam put his own financial interests above the health of his patient.

Albert Israel, a long-time patient of Dr Burnam, had the St. Jude device implanted in February of 2008, within a week of Dr. Burnam's diagnosis.

Wolf contends that, "The defibrillator lead pierced his heart. The St. Jude sales rep on the case and in the operating room during Mr. Israel's surgery was Dr. Burnam's son, Brad. We believe Mr. Israel's experience may be the tip of the iceberg. I find it shocking that people in the medical field would put financial gain over a patient's health."

It was after this experience in surgery that the conspiracy came out.  Mark House, a former St. Jude sales representative, confirmed it in a deposition.  He claimed that St. Jude didn't hire Burnam at first due to ethics. Burnam instead took a job with their competitor, Boston Scientific.

While his son worked for Boston Scientific, Dr. Burnam started referring his patients for devices there instead of St Jude.  By May of 2007 St. Jude had begun to negotiate with both Burnams.  Allegedly, this was when it was determined that to regain Dr. Burnam's business, they had to hire his son.

It is also contended that St. Jude wanted to maximize their business in the San Fernando Valley area in which Dr. Burnam was well known.  His broad patient base includes not only the valley but also the Los Angeles Jewish Home for the Aging.

In an effort to hide Brad's commissions, St. Jude gave him commission points for the implanting surgeons used by Dr. Burnam instead of Dr. Burnam himself.  Israel's surgeon was on that list.

Reportedly St. Jude gained a 40 percent increase of total market share of High Voltage products, including defibrillators, after hiring Brad Burnam.

Since Israel's unnecessary surgery and implantation, St. Jude transferred Mark Burnam to the San Diego area.  But when Dr. Burnam threatened to remove his business again, they reinstated him back into the San Fernando Valley.

House also testified that Dr. Burnam pleaded with him to say that it was House, and not his son Brad, that witnessed Israel's surgery.

If you fear that you have been taken advantage of in a Medical Malpractice, contact a medical malpractice attorney as soon as possible.