Charges dropped against former Stryker Biotech president Philip

February 2, 2012 by MassDevice staff

Federal prosecutors drop the charges against former Stryker Biotech president Mark Philip as new evidence crops up in a lawsuit alleging that the company illegally promoted off-label use of combination of two bone growth products and lied to the FDA.

Stryker Biotech's OP1

Federal prosecutors dropped all charges against former Stryker Biotech president Mark Philip today in a lawsuit charging him and a clutch of sales reps with illegally promoting the off-label use of 2 bone growth products and of lying to the FDA.

The feds dropped the Philip indictment after reviewing documents that had previously been withheld as privileged, assistant U.S. attorney Jeremy Sternberg said during a pretrial hearing today, according to Bloomberg.

"After reviewing the documents, it's the government's plan to file a motion to dismiss in the case against Mr. Philip," Sternberg said.

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Philips had been charged with wire fraud and conspiracy and was facing as many as 20 years in prison and deportation to the U.K. if convicted, Bloomberg reported.

" We said at the outset that Mark Philip was a good and decent family man, innocent of these charges ," Philip's attorney Stephen Huggard told MassDevice in an email. "We are pleased that he can now resume his life without the burden of this case."

Last month a Massachusetts federal judge granted Philip's request to sever charges against him, a move that allowed documents previously under attorney-client privilege to be used in court.

In filings with the U.S. District Court for Massachusetts, Philip's lawyers said the motion was necessary to his defense, which would center on the argument that "he acted in good faith after consultation with [Stryker Biotech] counsel," they wrote.