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Boston Scientific, Subsidiaries to Pay $30M to Settle Lawsuit Filed Under False Claims Act; Parker Waichman LLP Applauds Efforts of Whistleblower Who Gets $2.25M
Date:11/14/2013

New York, New York (PRWEB) November 14, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of individuals against fraud, commends private citizen/whistleblower James Allen, who filed a qui tam lawsuit against Boston Scientific Corp. and subsidiaries Guidant LLC, Guidant Sales LLC and Cardiac Pacemakers Inc. (United States ex rel Allen v Guidant LLC et al, Case No. 0:11-cv-00022-DWF-AJB, U.S. District Court, District of Minnesota; the lawsuit was filed on March 14, 2012). The companies have since agreed to pay $30 million to settle allegations that, between 2002 and 2005, they knowingly sold defective heart devices that were implanted into Medicare patients, according to an Oct. 17 press release from the U.S. Justice Department, which further noted that Mr. Allen gets $2.25 million as provided under the False Claims Act.

The lawsuit was filed by Mr. Allen after he was implanted with one of the defective devices, according to court documents, which noted that the Prizm 2 and the Renewal 1 and 2 were the devices alleged to be defective. The devices were designed to detect if a patient’s heart fell into an irregular rhythm, which would signify risk of cardiac arrest, according to court documents, which added that the devices were designed to then correct the heartbeat by issuing an electrical pulse to shock it back to a normal rhythm. The alleged defect, however, was that the devices were susceptible to “arcing,” said the court documents. Arcing occurs when the device detects the irregular heartbeat and delivers the shock, only instead of the current traveling to the heart, the current “arcs” back to the device itself, said the court documents, which added that this causes the device to short circuit, rendering the device ineffective.

A Boston Scientific spokesman report
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