Atherectomy Amputation Lawsuit | 2026 Latest Updates

Patients with peripheral artery disease (PAD) say repeated atherectomy procedures were followed by the loss of a toe, foot or leg. The claims target physicians. No device maker is named. The legal actions are individual. A patient sued Michigan physician Dr. Jihad Mustapha. Surgeons who complained to Michigan’s medical board say he performed excessive procedures. The Department of Justice settled with California physician Dr. Feliciano Serrano over procedures on 17 patients. No class action or MDL has been formed. Dr. Mustapha has denied the claims, and the Serrano agreement is not an admission of liability.

Latest Atherectomy Amputation Lawsuit Updates

May 6, 2026: DOJ Settles with Dr. Serrano

The U.S. Department of Justice settlement agreement covers Dr. Feliciano Serrano and his California clinic [1]. The government contends the clinic did medically unnecessary procedures. They include atherectomies and other treatments for peripheral artery disease and dialysis. Dr. Serrano is to pay $6,735,604.68. The agreement is not an admission of liability.

December 12, 2023: ProPublica Reports Atherectomy Growth

ProPublica reported that atherectomies have doubled since 2013 [2]. Payments to doctors nearly tripled. They reached about half a billion dollars a year as of 2021.

July 19, 2023: WLNS Reports McAdams Lawsuit

WLNS 6 News reported that patient Cheryl McAdams had filed a lawsuit against Dr. Jihad Mustapha, a Michigan physician [3]. The station also reported that the Michigan Attorney General had brought action against him.

July 15, 2023: New York Times Investigates Mustapha Clinics

The New York Times published an investigation of Dr. Jihad Mustapha’s Michigan clinics [4]. It reported that an insurer told state authorities 45 people had lost limbs after treatment at his clinics in four years. The Boston Globe reprinted the investigation [5]. It says Dr. Mustapha settled with the Michigan Attorney General in April 2023. He paid $25,000 and took medical education courses. He did not acknowledge wrongdoing.

May 30, 2023: Lincoln Analytics Files Serrano Complaint

Lincoln Analytics, Inc. filed a False Claims Act qui tam complaint against Dr. Feliciano Serrano. It filed in the U.S. District Court for the Central District of California. The case is Civil Action No. 23-cv-04178. The government’s 2026 agreement with Dr. Serrano describes the complaint. That same case produced the settlement of May 6, 2026.

June 5, 2019: Dartmouth Study Published in JAHA

The Journal of the American Heart Association published the Dartmouth study “Adverse Events After Atherectomy” on June 5, 2019 [6]. Ramkumar and colleagues examined 16,838 Medicare-linked patients. The authors tracked five-year outcomes after atherectomy. They compared it with PTA or stenting in patients treated from 2010 to 2015.

What Is Atherectomy?

The Society for Cardiovascular Angiography and Interventions (SCAI) describes atherectomy as “a minimally invasive procedure in which a physician uses a catheter with a blade, laser, or rotating device to remove plaque in blocked arteries” [7]. Doctors use it to clear plaque from leg arteries in people with peripheral artery disease (PAD). The cases here involve the physicians who performed it. No single device or maker is at issue.

Who May Be Affected?

People with PAD may be affected after atherectomy in an outpatient clinic or office. The reported cases involve many procedures in a short time:

• Kelly Hanna had at least 18 procedures over 18 months and an above-the-knee amputation in July 2020.
• Cheryl McAdams had a seventh procedure in two years when a device broke off in her leg in March 2020.
• Traves Louch had four procedures in under three weeks and a lower-leg amputation ten days after the last.
• A Serrano patient had approximately 16 atherectomies between 2019 and 2023.

Dr. Mustapha performed 358 atherectomies at Metro Health Hospital from 2013 to 2017. He billed Medicare for more than 1,500 in the next four years. Whether you qualify depends on your own records and medical history, so a lawyer must review your facts before anyone can say.

Reported Injuries or Damages

Patients describe losing part of a leg or foot after repeated atherectomies. Reports also describe arteries damaged by metal wires. In one case, a device broke off in a leg and caused internal bleeding. A state expert reviewed Dr. Mustapha’s practice for the Michigan Attorney General. The expert said it “was characterized by overtreatment and poor documentation.” In the Serrano case, the government contends patients were told their legs would need amputation. It says there is little risk of amputation for mildly symptomatic PAD. The Dartmouth study associated atherectomy with a higher risk of major amputation than stenting. The hazard ratio was 3.66. Patients who had atherectomy had worse disease severity. ProPublica wrote that, according to research, the procedures may be associated with a higher risk of amputation. SCAI says atherectomy “has repeatedly proven to be safe and effective”.

Evidence to Preserve

Keep these records and details, because they help show what happened:

• Medical records and imaging for every procedure.
• Dates, locations and the names of the doctors and clinic.
• The number and timing of procedures.
• Consent forms and what the doctor said the procedure would prevent.
• Any notes or messages about risks.
• Bills, insurance and Medicare statements.
• Photographs of the limb and wounds.
• Records of amputation surgery and later care.
• Device or implant details if a device broke.
• A journal of symptoms and work missed.

Filing Deadlines

State law sets filing deadlines, and they depend on where you live. They also depend on when the injury and its link to the procedure were discovered. A late filing can end a claim even when the evidence is strong, so waiting carries real risk for people with a possible case. Speak with a lawyer promptly.

Potential Compensation

A claim may seek damages for medical expenses and rehabilitation and prosthetic costs. It may also seek lost income, pain and suffering, and loss of quality of life. The Serrano and Michigan settlements were paid to governments and a state disciplinary process. They were not payments to patients. Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation depends on the facts of each claim.

Frequently Asked Questions

Can Atherectomy Cause Amputation?

Whether atherectomy can cause amputation is disputed. The New York Times reported that patients with peripheral artery disease who undergo the procedures are more likely to have amputations than those who do not. SCAI disagrees and calls the procedure safe.

Is Atherectomy Safe for Mild PAD?

Whether atherectomy is safe for people with mild PAD is still unsettled. SCAI says there is “a further need for evidence concerning its use in patients with milder symptoms.” The European Society for Vascular Surgery discouraged routine use there, citing a “lack of superiority.”

What Does Dr. Mustapha Say About Complication Rates?

Mustapha says complication rates at his clinics are very low, according to the Boston Globe. He says 1.3 percent of patients had major amputations within 30 days. He has denied the claims.

How Concentrated Are Medicare Atherectomy Payments?

Medicare atherectomy payments are concentrated among a few providers. A Times analysis found that from 2017 to 2021 about half of the payments, $1.4 billion, went to 200 high-volume providers.

References

1. https://www.justice.gov/opa/media/1439676/dl
2. https://www.propublica.org/article/researchers-warned-of-possible-vascular-procedure-abuse-doctors-pushed-back
3. https://www.wlns.com/news/michigan-amputation-doctor-accused-of-excessive-procedures/
4. https://www.nytimes.com/2023/07/15/health/atherectomy-peripheral-artery-disease.html
5. https://www.bostonglobe.com/2023/07/15/nation/they-lost-their-legs-doctors-health-care-giants-profited
6. https://www.ahajournals.org/doi/10.1161/JAHA.119.012081
7. https://scai.org/statement-importance-atherectomy-safe-and-effective-treatment-option-patients