Accusations made by whistleblowers in a lawsuit against Masimo that the patient monitoring company withheld evidence are not only false but improper and deserving of sanction themselves, Masimo says.
Masimo (NSDQ:MASI) argued yesterday that whistleblowers' allegations in a False Claims Act lawsuit, that the patient monitoring company withheld evidence and interfered with subpoenas, are not only untrue but deserving of sanction.
The whistleblowers, former sales reps for Irvine, Calif.-based Masimo, sued in October 2010, accusing Masimo of promoting off-label uses of its Pronto and Pronto-7 devices and improperly billing government insurance programs for the off-label uses, according to court documents.
The reps – Michael Ruhe, Kristine Serwitz and Vicente Catala – accused Masimo of withholding sales records and interfering with subpoenas issued to federal insurance programs seeking those documents, according to the filings.
They asked Judge Cormac Carney of the U.S. District Court for Central California to sanction Masimo for the alleged violations, seeking to quash or delay Masimo's bid for summary judgment "because defendant's misconduct prevented plaintiffs from being able to fully present facts essential to justify their opposition to the motion," according to the documents. They're also seeking legal costs associated with "Masimo's misconduct in withholding evidence," fines, corrections to the lawsuit's record and want the trial jury informed of the alleged misconduct, according to court filings.
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