Case Type: Whistleblower/Qui Tam
Sanford Heisler Sharp brought a whistleblower/qui tam matter against Endoscopic Technologies (“Estech”), a medical device manufacturer. Subsequently, Estech agreed to pay $1.4 million to resolve civil claims in connection with the promotion of its surgical ablation devices. The settlement resolved allegations that Estech marketed its medical devices to treat atrial fibrillation, a use not approved by the FDA. Allegations also involved Estech’s promoting of expensive heart surgeries using the company’s devices when less invasive alternatives were appropriate; advising hospitals to up-code surgical procedures using the company’s devices to inflate Medicare reimbursements; and paying kickbacks to healthcare providers to use its devices.