Insights

Whistleblower Activity – Medical Device Fraud

Whistleblower Protection in the Medical Device Industry

The medical field is expanding as American society grows and ages. The public trusts medical professionals and companies to protect the health and safety of their patients. When that trust is breached, the only way the public may find out is due to the actions of a brave employee of the company willing to step up as a whistleblower. Medical device fraud may arise in the following situations.

Defective Medical Devices

Unethical companies may sell defective medical equipment to patients in order to receive Medicare or Medicaid reimbursement payments. Medical manufacturing companies must ensure the medical devices are quality products, and in the event of a defect, must take quick and decisive corrective actions. Selling defective devices risks the safety of the patients professionals swear to help.

Off-label Marketing

Medical devices are approved for the treatment of certain specific conditions, and are approved for certain uses. By marketing devices off-label, companies may be subject to liability. Providers can be liable for billing Medicare and Medicaid for devices that have not been approved. In these cases, companies risk the health and wellness of patients who are using a product in a potentially dangerous manner.

Kickbacks

Kickbacks are financial arrangements made with doctors in exchange for utilizing a company’s medical device. Such kickbacks may include direct royalty payments, paying for educational training, free vacations, or sponsoring fellowships. Kickbacks harm patients by discouraging medical professionals from choosing a device based on the quality of the device, and encouraging them to recommend products based on the professional’s financial incentive.

Consult with Whistleblowing Attorneys in NY

Each of the above situations could violate the False Claims Act and could serve as the basis for a whistleblower lawsuit. If you believe you may have a whistleblower case, you should contact an experienced attorney. The law firm of John J. Zidziunas & Associates has a team of whistleblowing attorneys in NY that can confidentially review your case. For further information, Contact Us.

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