DePuy Synthes pays $9.75M to settle kickback allegations involving spine implants

DePuy Synthes, Johnson & Johnson’s orthopedic company, is paying $9.75 million to resolve allegations that it gave an orthopedic surgeon free spinal implants that were used in overseas cases, the Justice Department said Jan. 20.

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From at least July 2013 through February 2018, DePuy admitted to providing free spinal implants and tools to a Massachusetts orthopedic surgeon hoping they would use them in U.S. cases, according to a news release. The surgeon used the devices to perform surgeries overseas for patients who didn’t have federal healthcare benefits.

A former sales representative for DePuy filed the original lawsuit under the whistleblower provisions of the False Claims Act.

Of the total settlement, about $7.23 million will be returned to the federal government. The other $2.52 million will be returned to the state of Massachusetts, which jointly funded claims for the surgeries involving the devices.

A spokesperson for Johnson & Johnson Medtech said in a Jan. 20 email to Becker’s that the company has fully cooperated with the investigation and the settlement “avoids further lengthy legal processes.”

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