Zimmer Biomet Whistleblower Can Move Forward With Kickback Suit

Aug. 5, 2024, 2:15 PM UTC

Zimmer Biomet Holdings Inc. must face a whistleblower’s False Claims Act suit alleging that the company engaged in a kickback scheme to increase orthopedic medical device sales, a federal district court said.

The whistleblower plausibly alleged that Zimmer violated the Anti-Kickback Statute by implementing an independent contractor arrangement that compensated sales representatives with commissions based on sale volume, and then submitted claims to the government that were tainted by kickbacks, Judge Patti B. Saris of the US District Court for the District of Massachusetts said in a Aug. 2 order.

Todd Langer sued in 2021, asserting that the company’s compensation ...

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