Mr. Yielding was employed as a physicians assistant for Richard Jordan, a prominent Baptist Neurosurgeon. Yielding was able to dictate what products were ordered for use in surgery performed by Jordan. The commissions during that period totaled $380,000. Hopefully, this will send those scrub technicians, physicians assistants and operating room nurses a stern message. "You play, you will pay." Come on ladies and gentlemen, you know who you are. As this drama continues to unfold TSB and our readers await for the day that the DOJ elevates their commitment to clean up this industry by throwing some surgeons into jail.
Yielding will serve a minimum 80% of the 78 months since he was convicted of federal charges. Yes sirree, for those of you playing in this space any federal conviction requires a mandatory 80% of the sentence. In addition to jail time, Yielding is required to make restitution in the amount of $944, 995.84 (OUCH!) The sad part to this saga is that there is a child that not only was left motherless, but will be fatherless come March 10th, 2010.
TSB has to ask the FBI and DOJ what is taking you so long to put the other criminals behind bars. Stop pandering to the surgeons that continue to behave that they are beyond reproach starting their own distributorships while collaborating with other industry professionals. You know who you are, start looking over your shoulder. A double standard by the judicial system, TSB wants to know what our readers think?
Nice post TSB! But I have an answer your question, "what is taking you (FBI and DOJ) so long to put the other criminals behind bars?"
ReplyDeleteAnwser: We are
Almost all criminal investigations start with tips. How many times have you (the reps) heard rumors of unethical behavior by competitors or have seen it for yourself in your own company. How many times have you had the courage to share this information with the authorities?
This isn't the Soppranos. We aren't bound by some code that prevents sniches from doing their civic duty. But what we should be bound by is a sense of honor and an unwillingness to stand by while others damage our industries reputation and put patients at risk.
Bottom line: If you turn a blind eye to wrondoing, you are just as guilty as they are.
Great job TSB!
ReplyDeleteI'm not so sure we are to blame for the expediency of administering justice. For several years the three amigos (Lyons) have been under investigation by the FBI and DOJ. As of this date nothings transpired other than Bubba reaching out for his new friends.
TSB has highlighted the various whistle blower investigations and convictions in Memphis, Las Vegas, Florida and others.
We most definately should police our own industry with accurate honest tips. But how long and what will it take before honest ethical people permeate the spine market?
What are the potential consequences when you decide on becoming a whistleblower? In all likelihood the individual is viewed as a pariah. Why? Because they took it incumbent upon themselves to do the right thing. Then there is the anxiety in waiting for the government to decide to move forward. Just look at Yielding's case. It took years to adjudicate. Maybe its time that the industry put its money where its mouth is if it claims to be ethical.
ReplyDeleteWho do we (those in the threnches) call? Ghostbusters? Provide a name (Not Philips and Cohen) that will MAKE things happen and a #, or just a name, we will find the # ourselves...all WE want is an even playing field...It's like playing tennis and the lines and alley are out for me but in for my opponent and all the other parts of the court as well...
ReplyDeleteDon't most companies have a hotline or other conduit for blowing whistles? I thought it was requirement since it was such a big deal when my company hired an ethics officer for lack of a better term.
ReplyDeleteMaybe it is just for looks if the FDA stops by...who knows.
There's more than whistle blowing going on in this account.
ReplyDeleteHi SpineBlogger,
ReplyDeleteI am currently working on a report on the vertebroplasty market in the U.S. It would really help if you could list down all the competitors in this market space for me..like Orthovita, Stryker Spine, Alphatec..who else? Appreciate your help!
He can fry for all I care.
ReplyDeleteSad about the child though. No one wins in that situation.
ReplyDeleteDoes anyone know how Dr. Jordan has stayed out of jail? How about the Rep/distributor (Paul Dixon) who lives with Dr. Jordan and calls him "Dad" that does his implants? Looks like there is more work to be done by the DOJ!
ReplyDeleteYes! Dr. Jordan is an honest law abiding man. He's not only a gifted surgeon, but he sincerely wants to help people. He was just as much of a victim of Yielding's evil ways as anyone or even more so. It's always best to know what it is you are talking about, before opening your mouth.
DeleteThis story was picked up here:
ReplyDeletehttp://www.outpatientsurgery.net/news/2011/10/21-Inside-a-Surgical-Device-Kickback-Scheme
Unfortunately the author continued an error made in the blog above. The spine blogger incorrectly identified Mr Yielding as a "physicians assistant". A physician assistant is a medical provider licensed by the Arkansas board of medicine. Mr Yielding was never licensed by the BOM nor was he ever certified by the NCCPA the national PA certifying organization. Mr Yielding was licensed by as an LPN by the Arkansas board of nursing.