Two Urologists Pay $2.2 Million to Settle False Claims Act Allegations Over Unnecessary Surgeries

Two urologists—Dr. Robert Simon of New Jersey and Dr. Nicole Fleischmann of New York—have agreed to pay a combined $2.2 million to resolve allegations that they violated the False Claims Act by subjecting patients to medically unnecessary surgical procedures and then billing Medicare for them. The settlement, announced by the U.S. Attorney’s Office for the Southern District of New York, resolves claims that the doctors performed improper implantations of a neurostimulation device used to treat urinary incontinence.

According to the government’s complaint, Medicare rules require that patients first undergo a successful test stimulation to determine whether the device is likely to be effective before a doctor may permanently implant it. Simon and Fleischmann allegedly failed to perform the required testing, conducted abbreviated tests without documenting results, and in some cases implanted two devices during the same surgery—all without proper justification. Simon also frequently performed unnecessary battery replacements, despite the devices being designed to last approximately five years. As part of the settlement, both doctors admitted to these factual allegations.

The case originated from a qui tam whistleblower lawsuit filed by a private party, which the government joined. This case reflects the government’s ongoing commitment to protecting patient safety and holding medical providers accountable when they prioritize financial gain over appropriate care.