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John R. Fischer, Senior Reporter | September 19, 2019
“When this ligament is torn, the patient is at very high risk of becoming paralyzed from the neck down or, worse, expiring if he sustains any further injury or trauma. These serious conditions made the patient a ticking time bomb,” he said in the suit, alleging that the injuries were missed because a physician assistant read the 200 images and was unable to identify them. He says that either a doctor who never looked at them signed the report or that someone else ghost-signed his signature, possibly without his knowledge.
Headquartered in Cincinnati, ProScan Imaging consists of 35 board-certified radiologists and operates 25 freestanding imaging centers in seven states. ProScan Reading interprets 2,000 MRs daily for 500 hospitals and imaging centers nationwide.
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The whistleblowers claim it is impossible, with the number of radiologists on board, for the company to be able to read 350,000 studies annually, as it advertised in 2018. ProScan maintains that all of its reports are reviewed and finalized by licensed, board-certified physicians.
“ProScan was contacted by the DOJ over a year ago with a request for information related to the government’s investigation of the allegations of the lawsuit. ProScan responded to the DOJ's requests, shared all requested information, and fully cooperated with the investigation. After the DOJ’s thorough review and consideration of all requested information, the DOJ declined to pursue the case further," said Pomeranz and company president Michael O'Brien in a statement.
Pomeranz, who is also the founder of ProScan Reading, and Dr. Malcom Shupeck, associate medical director of ProScan and director of fellowship administration of the ProScan Imaging Education Foundation, are named as defendants.
Tyler and Rothschild have been granted permission to litigate the case in the name of the United States by the U.S. Department of Justice, which has declined to intervene so far but may do so at any time.
Unsealed by U.S. District Court Chief Judge Susan Dlott, the case has been reassigned to U.S. District Court Judge Michael Barrett.
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