Whistleblower Suit Over Bone Growth Device Stays Put

Law360 (December 9, 2010, 12:53 PM EST) -- A federal judge has refused to dismiss a sprawling whistleblower lawsuit alleging manufacturers of bone growth stimulation devices defrauded Medicare by duping patients into buying their products rather than renting them.

In an order Wednesday, Senior Judge Edward F. Harrington of the U.S. District Court for the District of Massachusetts said the second amended complaint provided enough detail alleging violations of the False Claims Act to survive the six motions to dismiss.

The lawsuit targets a host of bone growth device manufacturers, including London-based Smith & Nephew PLC and Warsaw, Ind.-based Biomet Inc., and claims the companies routinely billed their products...

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