Judge refuses to dismiss case against prominent eye doctor

WEST PALM BEACH, Fla. -- A federal judge is refusing to throw out the case against a prominent Florida eye doctor charged with corruption along with New Jersey Sen. Bob Menendez.

District Judge Kenneth Marra ruled Monday against Dr. Salomon Melgen. His attorneys argued at a May hearing that prosecutors are misapplying Medicare law. Prosecutors allege Melgin drew multiple doses from single-use vials of Lucentis, a drug used to treat age-related eye degeneration. Prosecutors allege Melgen misdiagnosed patients in a decade-long scheme to bilk the health care program out of up to $190 million.

In the separate New Jersey case, prosecutors allege Melgen lavished Menendez with flights, vacations and campaign contributions so the senator would intercede on his behalf to influence Medicare officials on billing disputes. His trial is set to begin in September.

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