Boston Scientific battles whistleblowers in spinal stimulation lawsuit

August 9, 2013 by Arezu Sarvestani

Boston Scientific attempts to bar evidence in a whistleblower lawsuit accusing the company of scamming Medicare and Medicaid while ignoring defects in its spinal stimulation systems.

Boston Scientific battles whistleblowers in spinal stimulation lawsuit

Boston Scientific (NYSE:BSX) hopes to end a years-long whistleblower lawsuit by barring certain evidence from use, alleging that the former employees who exposed the documents breached their employee contracts by leaking confidential information.

The lawsuit claims that Boston Scientific committed multiple illegal acts in relation to its Precision Plus SCS spinal cord stimulation system, including submitting fraudulent Medicare and Medicaid billing claims, concealing defects and denying replacement devices, engaging in a kickback scheme and retaliating against employees who raised the red flag about such practices.

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Whistleblowers Wendy Bahnsen and Carolina Fuentes found themselves on the defense after Boston Scientific filed a counter-suit claiming that the pair violated their private employment agreements by exposing private documents.

Boston Scientific asked the court to dismiss the lawsuit and to award the company legal fees and unspecified monetary damages. The device maker further asked for a permanent injunction barring any lawsuit, including the Bahnsen/Fuentes case, from using the information brought to court by the whistleblowers.