Stryker Escapes FCA Whistleblower Suit Over Pain Pumps

Law360, Chicago (June 13, 2013, 3:00 PM EDT) -- A Missouri federal judge on Wednesday quashed a False Claims Act suit alleging Stryker Corp. and two other companies marketed pain pumps for potentially harmful off-label use, finding the whistleblower plaintiff’s claims rested largely on publicly disclosed information.

In a 27-page opinion, U.S. District Judge Ortrie D. Smith ruled that whistleblower Lonnie Paulos, an orthopedic surgeon and former Stryker consultant, failed to overcome the FCA’s public disclosure bar in his complaint, which also targeted I-Flow Corp. and Orthofix International NV.

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