Aesculap Implant Systems Agrees to Pay $38.5 Million to Resolve False Claims Act Allegations Related to Knee Implant Failures

Company Also Enters Into Non-Prosecution Agreement Related to the Introduction of Two Adulterated Medical Devices Into Interstate Commerce

PHILADELPHIA – United States Attorney David Metcalf and the Department of Justice announced today that medical device company Aesculap Implant Systems, LLC (“Aesculap”), based in Center Valley, Pennsylvania, has agreed to pay $38.5 million to resolve allegations under the False Claims Act that the company sold knee replacement devices that it knew would fail prematurely at a higher than acceptable rate, resulting in false claims to Medicare and Medicaid. The settlement further resolves allegations that the company paid unlawful remuneration to a physician to induce him to use the knee implants. Additionally, Aesculap agreed to a non-prosecution agreement with the United States in connection with its distribution of two medical devices without the required clearance from the U.S. Food and Drug Administration (FDA).

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