One of the Most Egregious Cases of Weaponized Lawfare in the U.S.
MEMPHIS, TN: Recent court documents reveal widespread misinformation surrounding the case of Dr. Sanjeev Kumar, MD, a Mayo Clinic-trained robotic cancer surgeon and prominent Memphis gynecologic oncologist. Media reports claiming Dr. Kumar performed more than 15,000 biopsy procedures with “adulterated devices” on Medicare and Medicaid patients are not supported by
accurate data.
Government Data Under Scrutiny
Court records show the government released opaque datasets containing no patient names and lacking accountability. One exhibit attributes numerous procedures to patients who never existed at Poplar Avenue Clinic. Prosecutors also counted denied claims, crossover claims, rejected claims, and simple clerical insurance errors as “procedures,” inflating the numbers used in dramatic headlines.
Sterile Single-Use Devices Used for Biopsies
Endometrial biopsies at Poplar Avenue Clinic were performed with single-use sterile endometrial pipelles. Clinic records document the purchase of more than 40,000 of these sterile, disposable devices. Multiple witnesses testified that a new sterile pipelle was used for every biopsy. The jury was never asked to evaluate the actual use of any specific device on any specific patient.
Hysteroscopes Reused According to FDA and CDC Guidance
Dr. Kumar and Poplar Avenue Clinic purchased more than 30 multi-use hysteroscopes and accessories cleared by the FDA. Defense evidence showed these instruments were reprocessed according to CDC and FDA regulatory guidance for high-level disinfection — a standard practice in office-based hysteroscopy worldwide. High-level disinfection is explicitly permitted under the devices’ Instructions for Use.
Problematic Expert Testimony
Government expert Dr. Matt McDonald, paid $750 per hour, did not perform in-office hysteroscopy yet was admitted as an expert.
Dr. Jona Bandyopadhyay, Deputy Chief Medical Officer for TennCare, had not seen patients in a clinic for over five years and had been recommended by the Tennessee State Medical Board for a re-entry pathway or administrative license.
Government witness Dr. Ben Abdu testified that insurance companies were “the real criminals,” admitted reusing single-use devices himself, and stated he did not believe his own device use constituted a crime. He received immunity and later joined a competing Memphis clinic.
FDA Testimony and Evidence Issues
Court documents indicate that FDA lead reviewer Poulomi Nandy provided testimony implying the agency had never cleared a hysteroscope for high-level disinfection — a claim contradicted by existing clearances. An FDA agent on the case destroyed evidence from his phone, and a lead reviewer later left the agency.
Clinic Devices Kept Under FBI Custody in Filthy Conditions
Devices shown to the jury had been held in FBI custody for more than a year under filthy conditions; many were broken, non-functional, or not hysteroscopes but cystoscopes. Several contained built-in kill switches that prevent reuse.
Independent Review Found No Wrongdoing
A comprehensive investigation by the Tennessee State Medical Board found no wrongdoing. No other clinicians who performed more than 1,000 procedures at Poplar Avenue Clinic were charged.
Context and Impact
Dr. Kumar, elected a Top Doctor in 2024 according to court documents, operated a multi-specialty clinic that expanded access to inoffice hysteroscopy with sampling — a procedure capable of detecting endometrial cancer early. The 20-year sentence in United States v. Sanjeev Kumar is cited by supporters as an example of overzealous prosecution that punishes physicians serving patients in underserved communities under contested interpretations of medical device regulations.
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