Device Firm Pays $36 Million Over Misbranding Charges

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Pennsylvania-based medical device manufacturer Biocompatibles has pleaded guilty to misbranding its embolic device LC Bead and will pay more than $36 million to resolve criminal and civil liability arising out of the illegal conduct. LC Bead is used to treat liver cancer, among other diseases. The device was cleared as an embolization device that can be placed in blood vessels to block or reduce blood flow to certain types of tumors and arteriovenous malformations. It has never been cleared or approved by FDA as a drug-device combination product or for use as a drug-delivery device or “drug-eluting” bead, according to a Justice Department release.

“The FDA sought assurances in 2004 that Biocompatibles would not use FDA clearance for the device for embolization to market the device for drug delivery, according to a statement of offense to which the company agreed,” Justice says. “Biocompatibles told the FDA that ‘under no circumstance’ would the company use the embolization clearance to market the device for drug delivery. However, two years later, Biocompatibles began marketing LC Bead for drug delivery through the company it hired to carry out its sales and distribution in the United States.”

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