EDWARDSVILLE, Ill. (CN) - After falsely telling a patient she had "pre-leukemia," a doctor treated her with unapproved drugs smuggled in from Turkey, the patient claims in court.
Rosemarie Wendler sued Dr. Abid O. Nisar in Madison County Court.
Wendler says she underwent a bone marrow biopsy on Jan. 19, 2009 to determine why she was anemic. Though the biopsy report concluded that slight changes in the marrow's three cell lines "may be related to some form of therapy, vitamin deficiency" and that further tests were recommended, Wendler claims Nisar wasted no time in diagnosing her with cancer.
"While Rosemarie was still in the hospital after the biopsy, defendant Nisar told Rosemarie that she had 'pre-leukemia,' and the 'if you want to save your life, you will begin treatments from me,'" the complaint states.
Wendler says Nisar began treating her with the drug Vidaza.
She claims Nisar told her the drugs he prescribed were legitimate chemotherapy agents, but they were actually illegal, non-FDA approved drugs.
"Defendant Nisar obtained the counterfeit drugs at deep discounts after they had been smuggled into the United States from Turkey in unrefrigerated containers," the lawsuit states. "The United States Attorney for the Eastern District of Missouri equated 'the use of these drugs [with] shooting craps.' Defendant Nasir [sic] pleaded guilty to a federal charge of introducing misbranded and adulterated prescription drugs into interstate commerce."
After his guilty plea in May 2012, Nisar was sentenced to two years probation, 200 hours of community services and a $250,000 fine, according to Illinois press reports. Nisar also agreed to a settlement in which he paid more than $1 million to resolve claims that he submitted false claims to Medicare and other government health agencies, and his medical license was suspended, the Riverfront Times reported on May 25, 2012.
Wendler says in the lawsuit that Nisar sent her a letter on Jan. 6, 2012, admitting that he had given her unapproved drugs.
She claims Nisar lied to her about the pre-leukemia diagnosis and treated her with the unapproved drugs. She says she suffered unnecessary shock and emotional trauma from the false diagnosis, incurred unnecessary medical expenses and has suffered renal damage, fatigue and gastrointestinal disturbance due to the illegal drugs.
She seeks damages for medical malpractice.
She is represented by Roy C. Dripps of Armbruster, Dripps, Winterscheidt & Blotevogel in Alton, Ill.
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