Health Care & Reproductive Rights

Attorney General Brown Announces $8 Million, Multi-State Settlement with Bayer Corporation to Resolve Safety Risk Disclosure of Cholesterol Drug

January 23, 2007
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

(OAKLAND) – Attorney General Jerry Brown today announced an $8 million, 30-state settlement with Bayer Corporation that will resolve an enforcement action initiated because of Bayer’s failure to adequately disclose safety risks associated with the use of Baycol, a drug used to lower cholesterol that was pulled from the market in August 2001.

“This settlement is important because it establishes an obligation on pharmaceutical companies to inform the public and physicians about the tests they conduct on products,” Attorney General Brown said. “Posting both the positive and negative results from studies, will allow medical professionals to make better and safer prescribing decisions for their patients.”

The judgment, filed today in San Diego Superior Court, requires Bayer to publicly register most of its clinical studies and post the results at the end of each study. It also requires future marketing, sale, and promotion of its pharmaceutical and biological products to comply will all legal requirements, and prohibits Bayer from making false or misleading claims relating to any of these products sold in the United States.

In May 1998, Bayer introduced Baycol, a statin cholesterol-lowering drug, into the United States market. All statins carry a known risk of myopathy (a weakening of the muscles) and rhabdomyolysis (a more serious muscular disease). Bayer learned the risk of Baycol was significantly higher than other statins, especially at higher doses and when combined with genfibrozil (another cholesterol-lowering drug), through post-marketing surveillance of its product. In August 2001 Bayer voluntarily withdrew Baycol from the market.

The Attorneys General allege while Bayer informed the U.S. Food and Drug Administration about these adverse effects, they failed to adequately warn prescribing doctors and consumers about the risks. In entering the settlement, Bayer denies any wrongdoing.

In addition to California, the Attorneys General of the following states joined the settlement: Arizona, Arkansas, Connecticut, Delaware, Florida, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington and Wisconsin.

Attorney General Charges Central Valley Dentist and 20 Others in $4.5 Million Medi-Cal Fraud Scheme

Dentists Bilked System; Performed Unnecessary Dental Work on Unsuspecting Patients
September 24, 2004
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

(SACRAMENTO) – Attorney General Bill Lockyer today filed criminal complaints against 20 dentists throughout the state, charging them with defrauding the state Medi-Cal System of $4.5 million, health benefits and workers' compensation fraud, conspiracy, grand theft, child abuse, elder abuse, assault and intentional infliction of great bodily injury.

"These dentists put at risk the health and well-being of hundreds of children and adults by performing slipshod dental services that were unnecessary, ignoring health problems that needed tending, and even skimping on appropriate amounts of anesthesia before submitting patients to painful procedures," Lockyer said. "This office will continue to aggressively prosecute those who rip off the Medi-Cal system that more than 6 million poor and elderly Californians depend on for vital health care."

Filed in Stanislaus County Superior Court, the complaint charges Modesto dentist Kyon Maung Teo, who owns Hatch Dental clinics in Ceres, Stockton and Modesto, with being the mastermind of a scam involving dentists from throughout the state. The complaint alleges Teo, 42, placed advertisements on the back of missing-children flyers and in PennySaver and DollarSaver publications. The advertisements offered gifts or rebates to Medi-Cal beneficiaries and "new patients" who sought services at Hatch Dental.

The investigation by the Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA), assisted by the California Department of Health Services (DHS) showed Teo recruited 19 other dentists, who were paid about 25 percent of the insurance proceeds received by Hatch Dental for the work they performed. The kickbacks provided an incentive to perform unnecessary dental procedures of poor quality, including unnecessary filings and even unnecessary root canal procedures. It was not uncommon for a patient to walk out of Hatch Dental with 20 or more unnecessary fillings. To help increase billings, dental assistants also were instructed to perform procedures such as cementing crowns, which lawfully can only be performed by licensed dentists.

Co-defendant Kin Thor Pang, Teo's wife, was the office manager for all three Hatch Dental clinics. The complaint alleges Pang, 33, trained office staff to complete false dental claims, including changing dates of service or billing Medi-Cal and private insurance companies for "emergency" office visits if the patients were ineligible for routine coverage at the time of service.

The Hatch clinic staffs also were trained to fabricate periodontal charts and prepare Treatment Authorization Requests (TARs) to obtain Medi-Cal reimbursement for services based on the fabricated charts. Claims also were submitted for visits that never occurred and for non-existent procedures purportedly performed during the fabricated office visits. Insurance billing clerks were docked a dollar from their paycheck for each "mistake" they made.

As part of the conspiracy to defraud the Medi-Cal system, the dentists committed acts injurious to public health, placing the patients at risk of pain, infection, loss of teeth and great bodily injury, including: reusing dental instruments without sterilizing them, developing treatment plans that called for unnecessary dental surgeries such as root canals and fillings, performing dental surgeries without considering the patient's medical history, providing numerous shallow fillings in lieu of comprehensive treatment to patients in need of such treatment, issuing prescriptions for Schedule III narcotics without documenting the source and type of pain, forcibly restraining children during dental operations, performing extensive dental treatment on minors without fully disclosing the extent of the treatment to the minor's parent or guardian and performing dental surgeries without adequate anesthesia.

As the result of a separate investigation conducted by the California Department of Insurance, Teo and Pang also are charged with committing Workers' Compensation premium fraud by grossly understating the salaries of Hatch employees. The under-reporting resulted in a loss of $948.19 to Superior National Insurance Company, and $9,154 to Everest National Insurance Company.

Other dentists named as defendants in the complaint are:

  • Steve Sangmoon Ahn, 41, of Fullerton
  • Hoon Young Chang, 34, of Anaheim Hills
  • Wen Hsiang Chou, 46, of Alhambra
  • Anthony Halili Galvan, 42, of Dublin
  • Eduardo Sabater Gerodias, 36, of Modesto
  • Shahryar Baradaran Hashemi, 37, of Reseda
  • Keith Yoshikuzu Komaki, 58, of Anaheim
  • Ricky Hung-Tak Lam, 35, of Antioch
  • Rahim Mesbah, 49, of Modesto
  • Duc Sy Nguyen, 33, of Milpitas
  • Sang-Hyuk "Sean" Park, 35, of Merced
  • Luis Alexandrino Pinto, 42, of Irvine
  • Rodolfo Poscablo Ravanera, 57, of Oakland
  • Behnam Rostami, 48, of Stockton
  • Williams Defreitas Saraiva, 60, of Irvine
  • Seyed Mohamed Tarifard, 58, of Stockton
  • Tri Duy Vu, 32, of Sunnyvale
  • Shiyu Wang,44 of Alameda
  • Faruk Cenap Yetek, 43, of Pleasant Hill

Patients who believe they have been victimized by the Hatch Dental clinic dentists are urged to contact the Attorney General's Medi-Cal Fraud Hotline number at 1-800-722-0432.

AttachmentSize
PDF icon 04-110_complaint.pdf2.68 MB
PDF icon 04-110_complaint.pdf2.68 MB