In a False Claims Act (FCA) suit, Brattle supported a testifying expert regarding an investigation into consulting payments that a medical device company made to doctors. The device company and two top executives were accused of paying surgeons to use and promote their products by providing kickbacks in the form of consulting and intellectual property payments. We assisted counsel with initial document production overview and the organization of various types of qualitative and quantitative data, including over 5,000 text messages between executives and doctors along with sales and payment records. Our subsequent analyses tracked the timing of payments received by surgeons with their use of the medical devices, as well as whether these payments were made at fair market value. The case settled.

Practices