Medical devices, which range from simple bandages to life-saving pacemaker implants, have become a ubiquitous and vital part of our healthcare system. They are also part of a multi-billion dollar industry, due in large part to the fierce competition amongst medical technology developers. The U.S. Government (through the FDA) implements a strict process of review for all medical devices before they make it to market. But after that, the most effective way to comprehensively monitor the conduct of these companies is through you – the taxpayer.
The False Claims Act provides people like you with a mechanism to reveal illegal schemes practiced within this industry. As in the pharmaceutical industry, such conduct may include “off-label marketing” (when companies promote their devices to physicians for uses that were not approved the FDA) or the provision of “kickbacks” (when companies give physicians something of value in exchange for the use of their devices). But medical device companies may also participate in illegal conduct when they sell devices that are defective or when they fail to maintain a standard of quality in their products that is necessary to ensure the safety of those who ultimately use them. All such conduct threatens to compromise the integrity of our healthcare system.
The team at Morgan Verkamp LLC represents people who become aware of illegal conduct like this and wish to mend the harm it has caused. We uncovered a massive kickback scheme in our case against Blackstone Medical, Inc. And in 2012, we represented Relator Sara Collins in a qui tam suit against her employer, Lifewatch Corp. Ms. Collins revealed how her employer was improperly coaching physicians to cite vague or improper diagnoses in order to qualify their relatively healthy patients for the company’s ultra-high tech, Bluetooth-capable, 24-hour heart monitoring device. Through this scheme, the company profited greatly (at the taxpayers’ expense!) yet contributed little to overall public health. Through our efforts, the Government ultimately reached a multi-million dollar settlement with Lifewatch Corp. and put an end to the improper marketing of their device.
If you believe that you are aware of misconduct in this industry, please contact us to discuss your case.