A Sanford Health neurosurgeon who is the subject of a federal investigation is leaving the hospital system next month, less than two months after the system’s top executive came to his defense.

Dr. Wilson Asfora and Sanford have been accused of bilking federal taxpayers out of millions of dollars by two other doctors who work with him in a whistleblower lawsuit. The U.S. Department of Justice decided in June to intervene in the lawsuit.

Reached Tuesday, Asfora deferred questions to his lawyer.

“There’s a lot of things I’d like to tell you, but I was told by my lawyers not to talk,” he said.

In an email to the Argus Leader, Steve Landon, a lawyer for Asfora confirmed Asfora's termination, saying it will be effective Sept. 24.

“Dr. Asfora received notice of termination from Sanford – he is not resigning or retiring," Landon said. "Like Sanford, he believes the allegations made in the lawsuit are bogus and he will vigorously defend against them.”

Sanford Health did not immediately respond to requests for comment.

SUPPORT OUR INVESTIGATIVE JOURNALISM: Subscribe to the Argus Leader today

Asfora joined Sanford’s staff in 2007 after practicing as an independent neurosurgeon in Sioux Falls since 1991.

In 2009 he won approval from the Food and Drug Administration to begin using a bullet cage designed by a company he owns in spine surgeries. The Asfora Bullet Cage was approved by the FDA because it was similar to other devices on the market. The cages are used in spine fusion surgeries as buffers between vertebrae.

But following FDA approval, Asfora’s scope of surgery changed dramatically, according to the whistleblower lawsuit brought by Drs. Bryan Wellman and Dustin Bechtold. The number of spine fusion surgeries increased dramatically, as did their complexity. The lawsuit alleges that Asfora had a financial incentive to perform unnecessary surgeries using his cages, as well as screws that were also designed by his company, Medical Designs.

Story continues below:

After news of the lawsuit broke, Sanford CEO Kelby Krabbenhoft, Chief Operating Officer Matthew Hocks and Chief Medical Officer Allison Suttle defended Asfora in an email to Sanford employees. The letter called the allegations “bogus” and accused the government of interjecting itself in Asfora’s doctor-patient relationships.

Sanford settled a similar whistleblower lawsuit in 2014 after David DuBay, a former Sanford Health employee, made similar accusations that Asfora was improperly profiting from his bullet cage. Wellman, also a neurosurgeon, was also named in the DuBay complaint. Federal anti-kickback laws generally bar doctors from profiting off of referrals for health services or products.

Sanford and Asfora agreed to pay $625,000 to settle the DuBay lawsuit, but admitted no wrongdoing. At the time, a former spokeswoman for Sanford said Asfora’s cages were approved for use through an internal committee that evaluates what medical devices the health system uses.