As concerned citizens and as a health care fraud law firm, our team continues to be pleased with the terrific successes whistleblowers are having using the False Claims Act, Anti-Kickback Statute and related federal and state statutes to fight fraud in the medical field. A major settlement announced this month involving improper health care kickbacks shows just how successful these cases can be and how several different laws can work in concert to provide justice. Yet, we know that for every victory, there are countless other companies and individuals committing health care fraud and stealing from the American people. We cover these issues extensively to let those who witness these crimes know they are not alone. We are here to help them follow the right path and truly do a service to their country.
DOJ Announces Largest Total Settlement Involving Illegal Kickbacks in Medical Device Field
The Department of Justice (“DOJ”) announced this month that the largest distributor of endoscopes and related equipment has agreed to pay $623.2 million to settle several lawsuits involving allegations it paid inappropriate kickbacks to doctors and hospitals. Defendant Olympus Corporation of the Americas (“Olympus”) has admitted to the allegations in a criminal complaint filed in a New Jersey federal court based on the Anti-Kickback Statute (“AKS”) and the related suits rest on similar allegations. This settlement involves the largest total amount paid to date by a medical device company for violations involving the AKS. Olympus has entered into a deferred prosecution agreement that allows it to avoid criminal conviction if it complies with the reforms contained in the agreement.