Napoli Bern Ripka, LLP Blog

Lawsuit Issued do to Use of Illegal Kickbacks for Medical Devices

Intermedics-McCullough, a Pennsylvania medical supply manufacturer, is suing six other manufacturers for using illegal kickbacks to sell their medical devices to medical institutions, hospitals, and doctors alike. Intermedics-McCullough is stating that the manufacturers are offering these illegal kickbacks to have exclusive rights for their products to be sold despite the fact that they are more costly and are inferior to McCullough’s products. The medical devices in question are those in the orthopedic industry, specifically manufacturing replacement hip, knee, and joint implants. The six medical device manufacturers involved in the lawsuit are Zimmer Inc & Zimmer Holdings Inc, DuPuy Orthopedics & Biomet Inc, all of Warsaw, Ind, Smith and Nephew Inc. Of Memphis, Tenn.; Stryker Orthopedics of Mahweh, N.J and Stryker Inc of Kalamazoo, Mich.

            Unfortunately these types of illegal kickbacks are more common than one might think. The revealing of the illegal kickbacks came from a federal investigation in New Jersey that found the six manufacturers in questions made worthwhile payments to doctors to get them to exclusively sell their products and recommend them to patients. Some of the companies in question agreed to over a $300 million dollar settlement. Since the settlement has come to a close, “some members of Congress have pushed for laws that would require better disclosure of payments made to doctors. The Physician Payments Sunshine Act, for example, would require companies to disclose all gifts, fees or other compensation of more than $500 a year.”

            The reason why offering illegal kickbacks to doctors and hospitals is so harmful is because it offers an incentive for doctors to commit medical malpractice. Once a medical device is pushed on doctors for a large monetary amount, all bets are off and recommendations that might not be the best for the patients will be made. This type of behavior is indicative to someone who makes unethical decisions, which is not an appealing trait to have as a doctor. Since doctors are receiving a large amount of money for exclusively using the manufacturers products, they are going to recommend that product to patients even if it not the right medical device for the job. Doctors have even been known to recommend the medical device even if it will do good or even cause harm to a patient. This yupe of behavior is unacceptable and if you think you may have been recommended a medical device that was backed by illegal kickbacks, then contact medical malpractice lawyers at Napoli Bern Ripka LLP today.

If you or a loved one has been victim to medical malpractice due to medical devices being recommended to you because of kickbacks, contact a medical malpractice lawyer at Napoli Bern Ripka LLP. For they have the experience and knowledge to stand up to the insurance giants and the pharmaceutical companies. Instances of medical malpractice due to ill recommendations for medical devices is an emotional and trying time, in which you need the best support around to help you through. Napoli Bern Ripka LLP will be able to stand up for your rights while doing everything in their power to gain the compensation that you deserve. Contact a medical malpractice attorney today, to get back what was taken from you and help the illegal practices from medical manufacturers and doctors alike.