Paulos v. Stryker Corp., et al., No. 13-2509 (8th Cir. 2014)
Annotate this CasePlaintiff, an orthopedic surgeon and former consultant at Stryker, filed suit alleging that Stryker and I-Flow violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, by marketing their pain pumps to encourage the placement of pain pumps directly into patients' joint spaces after orthopedic procedures. The court concluded that the district court did not err in concluding that plaintiff's allegations had been publicly disclosed and that plaintiff was not excepted under section 3730(e)(4)(B) as an "original source" of the information. The court rejected plaintiff's claim of procedural error and affirmed the district court's dismissal of the claims under section 3730(e)(4)(A).
Court Description: Civil Case - False Claims Act. Claim that manufacturers of pain pumps violated the False Claims Act by marketing pain pumps to encourage the placement directly into patients' joint spaces after orthopedic procedures and causing the submission of false or fraudulent claims for payment was properly dismissed, as allegations had been publicly disclosed and relator was not the original source of the information.
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