Dr. Anindya Kumar Sen
GREENEVILLE — A federal trial jury rejected felony charges against the wife of a cancer physician who was accused of conspiring misled patients and defraud insurance companies by using and billing for unapproved treatment medications.
Dr. Anindya Kumar Sen and his wife, Patricia Posey Sen, who run the East Tennessee Cancer and Blood Centers in Johnson City and Greeneville, were, however, convicted of purchasing the misbranded drugs despite claims they had no knowledge the meds were misbranded.
The charges stem from purchases not approved by U.S. Food and Drug Administration from a drug provider in Canada from April 2009 through March 2012.
The couple was on trial in U.S. District Court in Greeneville this week.
Court documents alleged the Sens knowingly bought the misbranded drugs, provided them to their patients and billed Medicare and other government and private health benefits programs about $3.2 million.
Evidence presented said the couple unknowingly purchased the European version of the cancer-fighting medications instead of the U.S. version. The drugs are the same, but the misbranded shipments were not filtered through the FDA.
Patricia Sen was also acquitted of importing the medications illegally and lying to investigators when she told them the clinics did not purchase or have misbranded drugs.
Both face up to a year in jail and a $200,000 fine at their April 30 sentencing. Attorneys in the case said they will appeal the misdemeanor convictions because the government should be required to show the Sens were negligent in the drug purchases.comments powered by Disqus