Off-label promotion practices

Brattle worked with a relator’s counsel in a qui tam case alleging that a medical device supplier illegally paid doctors to promote off-label uses of spinal implants, devices, and equipment. Counsel alleged that the supplier had submitted fraudulent claims to federal health insurance programs, even when the device was used for off-label purposes. Brattle completed data analytics to classify information of interest, and collaborated with the counsel’s review team to streamline targeted document and data review. Through this, we identified notable interactions by matching information from marketing agreements, device orders, and payment data. The case ultimately settled with the company, its CEO, and another executive, admitting to alleged violations and paying millions in fines.