Medical Devices – Bone Growth Stimulators

Getnick & Getnick Whistleblower Awarded Top Share Amount in First of a Series of Lawsuits Against Bone Growth Stimulator Manufacturers

On June 7, 2012, in the first of a series of whistleblower cases against the five US manufacturers of medical devices known as non-invasive bone growth stimulators, Orthofix International NV agreed to pay the United States government $42 million to settle civil and criminal charges relating to its marketing and sale of the devices to Medicare and other federal health plans. The settlement was the result of a whistleblower lawsuit filed by the Manhattan-based law firm Getnick & Getnick LLP on behalf of Jeffrey Bierman, a Midwest health care consultant who brought the allegations to the government’s attention in 2003.

Mr Bierman will receive a 27 percent share of the civil recovery of $34.23 million. This is at the very top end of the statutory range allowed by the whistleblower law known as the federal False Claims Act.