Dr. Mark Stephen Wilson agreed to pay the United States $342,750 to resolve False Claims Act allegations that he accepted illegal kickback payments from Brookhaven Specialty Pharmacy LLC. Wilson is an orthopedic surgeon in Tulsa and Oklahoma City and focuses on pain management and rehabilitation. From February 2014 through September 2016, Wilson was alleged to have knowingly accepted significant payments from Brookhaven Specialty Pharmacy LLC in exchange for recommending and prescribing pain creams that were compounded and produced by the pharmacy. As part of their arrangement, the pharmacy paid Wilson what the two parties characterized as “medical director fees” based upon an hourly rate. However, the United States alleged the “medical director fees” were, in actuality, kickback payments for prescribing the compounded pain creams. Because Wilson wrote the prescriptions for patients who were federally insured under the Federal Employees Compensation Act Program (FECA), the kickbacks were in violation of the False Claims Act.
