Austrian Manufacturer Wants Out Of Medicare Scheme Suit

Law360 (May 22, 2020, 4:55 PM EDT) -- An Austrian medical device manufacturer moved Friday to escape a neurosurgical practice's proposed class action accusing several companies of marketing an electrical nerve stimulator as reimbursable under Medicare when they were aware that it was not.

Biegler GmbH urged U.S. District Judge John Younge to dismiss claims against it for its alleged role in the marketing scheme as a manufacturer, arguing that Neurosurgical Care LLC's attempt to serve the company through a hired consultant was completely ineffective.

"[Neurosurgical Care] apparently hopes to effect service of process on Biegler by simply sending the complaint to a third-party located in the state of...

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