Device Maker Biotronik Dodges 2nd Physician Kickback Lawsuit

A former Biotronik regional sales manager can’t bring kickback allegations against the medical device maker because the company settled similar claims with the Justice Department in 2014.

The U.S. Court of Appeals for the Ninth Circuit ruled Dec. 1 that the prior False Claims Act settlement barred a subsequent lawsuit that included allegations against the company that were similar to those in the settled lawsuit. A divided appeals court ruled that the FCA bar against a subsequent similar lawsuit applied even to fraud allegations that weren’t specifically included in the government’s settlement with Biotronik.

The court’s decision severely ...