J&J, Depuy Must Face Sales Representative’s Retaliation Claim

Johnson & Johnson and DePuy Synthes Sales Inc. will continue to face a former sales representative’s False Claims Act suit alleging that he was fired in retaliation for reporting alleged kickbacks to doctors and improper surgery procedures.

Aleksej Gusakovs filed suit in 2017 under seal alleging that a surgeon received spinal implants and surgery tools to induce his use of DePuy products when performing surgeries. Gusakovs, the defendants, and the US government reached a nearly $10 million settlement in January. But the settlement didn’t cover the retaliation claim.

Gusakovs raised a plausible retaliation claim by showing his conduct was protected ...