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.”