A federal judge denied Boston Scientific’s motion to dismiss a False Claims Act lawsuit alleging that the company’s pacemaker division Guidant failed to issue a recall of its devices after receiving reports of failures in February 2002.  The company had argued that the whistleblower, a patient who allegedly received a defective device which twice delivered unnecessary shocks, based his action on publicly disclosed media reports.  According to the complaint, when the whistleblower attempted to have his misfiring device replaced with a competing device, a Guidant sales representative convinced the surgeon to cancel the surgery, falsely telling him that his insurance would not cover the procedure.

Read the entire article, “Boston Scientific can’t dodge Guidant lawsuit”