Dolor Tech Settles Over Migraine Device
Utah-based medical device company Dolor Technologies has entered into a settlement agreement with the U.S. government to resolve Dolor’s civil liability relating to a device it sold for treating migraines. “This resolution requires Dolor to make monetary payments to the U.S. based upon its ability to pay,” a Justice Department release says.
The government says that between 2013 and 2017, Dolor violated the False Claims Act by causing medical providers to submit false claims to Medicare for procedures using a device called the SphenoCath, which was intended to treat migraine headaches by administering nerve blocks to the sphenopalatine ganglion, a collection of nerves located deep in the midface of the skull. However, the government contends that SphenoCath was not approved, cleared or authorized by FDA for such use.
“Device companies that evade the FDA approval process and improperly promote their products undermine the health of patients and the financial integrity of federal health care programs,” the release says.
In a related matter, former Dolor CEO Mark Wright pleaded guilty in federal court on 10/11 to misdemeanor charges of causing the introduction of misbranded and adulterated medical devices into interstate commerce (see earlier story). As part of Wright’s guilty plea, the government said, he admitted that while FDA recommended in 4/2014 that Dolor proceed with investigational studies about the device’s safety and effectiveness, the company never conducted any studies, but instead continued to market the device as a migraine treatment.