The surgeon and the hospitals in which the procedures were performed did not pay for the products.
Prosecutors said DePuy provided them to induce the surgeon to use the company's products in spine surgeries performed on Medicare and Medicaid patients in Massachusetts in violation of the Anti-Kickback Statute, which is intended to ensure that medical providers’ judgments are are based on the best interests of patients and not compromised by improper financial incentives.
“Unlawful kickbacks can severely distort medical judgment as well as the market for medical devices," U.S. Attorney for Massachusetts Rachael Rollins said in a statement. “The millions of patients that depend on our health care system deserve untainted medical decisions."
About $7.2 million of the $9.75 million settlement will go to the federal government, and about $2.5 million to the state. More than $1.8 million of the federal portion will go to the whistleblower who brought the original suit in 2017 under a legal provision that lets private parties sue on behalf of the government and share in any recovery.