Judges challenge Las Vegas urologist’s lawyer during appeal arguments

Federal appeals judges grilled the defense lawyer for Dr. Michael Kaplan on Tuesday as he tried to make his pitch for overturning the Las Vegas urologist’s criminal conviction.

Members of a three-judge panel of the 9th U.S. Circuit Court of Appeals repeatedly challenged statements made by San Francisco attorney Dennis Riordan during his arguments. The attorney contended, in part, that Kaplan was denied a fair trial because of improper jury instructions.

Riordan, a highly regarded appellate litigator, also argued that Kaplan’s conduct did not amount to a federal crime.

Nevada Assistant U.S. Attorney Elizabeth White argued that the jury was properly instructed by then-Senior U.S. District Judge Philip Pro.

“The evidence is essentially overwhelming,” said White, who was not questioned by the three judges in San Francisco.

The jury found Kaplan guilty in September 2014 of one felony count of conspiracy to commit adulteration for reusing equipment meant for single use in medical procedures. He gave up his urology practice after he was sentenced to four years in prison.

He is not, however, out of the medical profession completely while he remains free on appeal.

Kaplan, 61, who uses the Twitter handle “@doctorgetbig,” has become an internet pitchman for a line of male enhancement products he has developed.

His products are built around a dietary supplement called Largagenix, which, according to his website, is “designed to enhance libido and boost pleasure.”

The website says he is “recognized as a leader in male sexual health,” and in recent weeks Kaplan has been promoting penis enlargement procedures and pitching his products in sometimes graphic segments on YouTube.

Kaplan’s criminal conviction stemmed from his reuse of rectal needle guides during prostate biopsies on his patients, mostly cancer victims.

Federal prosecutors argued at his sentencing that he endangered the lives of his patients out of greed and arrogance.

None of Kaplan’s 100-plus patients became infected with blood-borne diseases, but prosecutors argued that he showed an “utter lack of remorse” for putting his patients in harm’s way.

Since his conviction, Kaplan has been sued for malpractice by the widows of two former patients who died after surgeries performed by him.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Find him on Twitter: @JGermanRJ