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Types of Whistleblower Cases
Pharmaceutical and Medical Device Kickbacks and Off-Label Marketing Cases
The following are common schemes that could result in False Claims Act liability:
- Providing physicians with financial kickbacks in exchange for use of company’s implant or medical device. Kickbacks might include paying the cost of educational conferences in resort locations or providing unrestricted grants.
- Paying consulting, royalty, or medical director or speakers fees that are not at fair market value for the services provided, but are calculated to influence the physician’s choice of medical device or implant.
- Marketing an implant or medical device for off-label uses or rewarding physicians with financial inducements to entice off-label use.
- Manufacturing implants or medical devices known to be defective and failing to comply with defect reporting requirements, particularly where the defect is likely to cause death or serious bodily injury.