Boston Scientific Sparks Dismissal of Defibrillator Fraud Case

Medical device maker Boston Scientific Corp. is off the hook, for now, concerning claims it fraudulently hid defects in implantable defibrillators paid for by government health-care programs (Higgins, et al. v. Boston Scientific Corp., D. Minn., No. 11-cv-2453, 8/29/17).

A federal court dismissed a False Claims Act lawsuit brought by a doctor and former Boston Scientific advisory board member who alleged the company knew of design defects in its Cognis CRT-D and Teligen ICD defibrillators but failed to alert the U.S. Food and Drug Administration as required.

The plaintiff’s allegations appeared generally viable to support an FCA lawsuit, ...