Court Tosses Boston Scientific Whistleblower Case
A Minnesota federal court has granted summary judgment in a whistleblower case alleging that Boston Scientific fraudulently induced FDA to approve two types of defibrillators that were later recalled. Three Sidley Austin attorneys write in an online post (contains a link to the court decision) that the federal government had declined to pursue the whistleblower’s case.
The court held that all of the whistleblower’s theories of liability were based on demonstrating that the company fraudulently induced FDA to approve the defibrillators by providing evidence that Boston Scientific made false statements that were material either to the agency’s initial decision to approve the devices or to its continued approval of them.
However, the court found that FDA was aware of all or most of the misrepresentations when it approved the defibrillators and said such knowledge demonstrates that the misrepresentations were not material to the agency decision.
“The case underscores the important role government knowledge continues to play in judicial assessments of materiality,” the attorneys write.