Andover Surgeon To Pay $200K To Resolve Kickback Allegations

ANDOVER, MA — An Andover doctor has agreed to pay $200,000 to resolve allegations that he accepted kickbacks in exchange for using a company's products in spinal surgeries, according to a statement from federal prosecutors.

Dr. Tony Tannoury, of Andover, was accused of soliciting and receiving free products from manufacturer and distributor DePuy. He used these products in procedures he performed on Medicare and Medicaid patients in Massachusetts, as well as in procedures done overseas, prosecutors said.

In January 2023, DePuy, a Raynham-based company, agreed to pay about $9.75 million to resolve allegations related to the case.

From at least July 2016 to February 2018, Tannoury received products from DePuy for use in overseas surgeries, including cages, rods, screws, plates, and modular access and retraction systems, according to the agreement he signed with prosecutors. He performed at least five surgeries using these products, including in Saudi Arabia, Lebanon, and Qatar.

Tannoury never paid DePuy for these products used overseas and continued to use DePuy products in surgeries in Boston, including for Medicare and Medicaid beneficiaries, according to prosecutors.

By doing so, he violated the Anti-Kickback Statute. The value of the products he used is estimated at over $100,000, according to prosecutors.

“Today’s settlement resolves allegations that Dr. Tony Tannoury solicited and received illegal kickbacks, and in doing so, used his patients as pawns,” Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigations, Boston Division, said in a statement. “Health care fraud has serious costs, and serious consequences, and the FBI will continue to make investigations like this a priority as we work to deter this behavior.”

Tannoury is head of spinal surgery at Boston Medical Center. In a statement to Boston 25 News, Boston Medical Center called Tannoury “a highly respected spine surgeon."

The statement said that "Tannoury made a personal decision to resolve a civil matter, regarding his non-profit work" and that the surgeon "continues to be in good standing at BMC, where he is a highly respected spine surgeon,” according to Boston 25 News.