Medical device makers settle fraud case

Five companies that manufacture medical implants used in orthopedic surgery agree to pay a total of $310M following investigations into kickbacks paid to surgeons.


NEWARK, N.J. (AP) -- Five makers of medical device implants have made agreements with the U.S. government to resolve fraud concerns over industry practices, with four companies paying a total of $310 million, federal prosecutors said Thursday.

The agreements were made by Biomet Orthopedics Inc. (Charts), DePuy Orthopaedics group, Smith & Nephew Inc. (Charts), Stryker Corp. (Charts, Fortune 500), and Zimmer Holdings Inc. (Charts)

The five companies account for nearly 95 percent of the market in hip and knee implants, prosecutors said.

Biomet will pay $26.9 million; DePuy, $84.7 million; Smith & Nephew, $28.9 million; Stryker, which will not be paying any money, has agreed to be monitored; and Zimmer will pay $169.5 million and be monitored by former U.S. Attorney General John Ashcroft.

The U.S. Department of Justice began investigating the industry in 2005 regarding concerns that companies may have paid kickbacks to orthopedic surgeons in return for favoring their products.

Messages seeking comment from the companies were not immediately returned.

In July 2006, another medical device maker, Medtronic Inc. (Charts, Fortune 500), agreed to pay $40 million to settle civil allegations that it paid kickbacks to doctors. The allegations dealt with its Memphis, Tenn.-based subsidiary Medtronic Sofamor Danek, which makes implants used in back surgery to stabilize a patient's spine.

The government said that between 1998 and 2003, Medtronic paid kickbacks that included sham consulting fees, bogus royalty payments and trips to tourist destinations. Medtronic denied any wrongdoing in the settlement.

Biomet, of Warsaw, Ind., was acquired Tuesday for $11.4 billion by a consortium of private equity firms and ceased trading on Nasdaq.

DePuy, also of Warsaw, Ind., is a unit of New Brunswick, N.J.-based health care giant Johnson & Johnson (Charts, Fortune 500). Zimmer is also based in Warsaw, Ind.

London-based Smith & Nephew has its U.S. orthopedics operations in Memphis, Tenn.

Stryker is based in Kalamazoo, Mich. Top of page

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Most stock quote data provided by BATS. Market indices are shown in real time, except for the DJIA, which is delayed by two minutes. All times are ET. Disclaimer. Morningstar: © 2018 Morningstar, Inc. All Rights Reserved. Factset: FactSet Research Systems Inc. 2018. All rights reserved. Chicago Mercantile Association: Certain market data is the property of Chicago Mercantile Exchange Inc. and its licensors. All rights reserved. Dow Jones: The Dow Jones branded indices are proprietary to and are calculated, distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices LLC and have been licensed for use to S&P Opco, LLC and CNN. Standard & Poor's and S&P are registered trademarks of Standard & Poor's Financial Services LLC and Dow Jones is a registered trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones branded indices © S&P Dow Jones Indices LLC 2018 and/or its affiliates.