Maglio Christopher & Toale, P.A. is the only law firm in the country allowed to question Biomet representatives under oath about the connection between alleged unethical business practices and their M2a metal on metal hip implants.
In a courtroom hearing, our legal team won the ability to force Biomet to sit for depositions. During these interviews, top Biomet staff will have to answer our questions about giving financial kickbacks to the surgeons, including those who designed the M2a hip implant. By using unethical payment practices, Biomet gave those doctors a dangerous incentive to support the use of M2a products, even if they were unsafe. This business arrangement put Biomet’s profits ahead of patient safety.
A History of Kickbacks at Biomet
In 2007 the Department of Justice (DOJ) pursued Biomet for using illegal financial incentives in marketing its products within the USA, including giving illegal kickbacks to orthopedic surgeons. Kickbacks create a conflict of interest which motivate individuals to mask bad outcomes in favor of financial gain. Biomet agreed to enter into what’s called a “Deferred Prosecution Agreement” (DPA). The DPA required Biomet to correct its business practices under the supervision of a government-appointed monitor. Importantly, at the time Biomet designed and initially marketed its M2a implants, it was doing business in accordance with the business model that violated the DPA. Supposedly, Biomet satisfied the requirements of this DPA in 2009.
While claiming it cleaned up its act, the Department of Justice hit Biomet AGAIN with another DPA for doing the same thing. This time the DPA focused on Biomet’s international conduct, particularly illegal payments to surgeons in Brazil, Argentina, and China. Biomet entered into DPA 2 to correct their international business contract with orthopedic design surgeons. However, the Department of Justice found that Biomet was not living up to its side of the bargain. Zimmer Biomet, which now owns Biomet, was forced to pay millions of dollars because, as the Department of Justice states, “Zimmer Biomet had the opportunity to avoid criminal charges but its misconduct allowed the bribes to continue.”
Until Maglio Christopher & Toale, P.A.’s recent courtroom victory, it has been impossible for attorneys to review the documents related to these Deferred Prosecution Agreements. Now our attorneys will be able to depose Biomet regarding the 2007 DPA and how that’s connected to their design, development, and sales of the M2a metal on metal hip.
Patients across the country may have gotten a Biomet M2a hip that was good for Biomet’s bottom line, but not for their health.