C.R. Bard, Inc., along with its affiliates Liberator Medical Supply, Inc., Liberator Holdings, and Rochester Medical Corporation, has agreed to a $17 million settlement over allegations of violating the False Claims Act. The allegations claim that Bard provided free samples and discounts to urology practice groups to promote their prescription form for intermittent catheters.
Acting U.S. Attorney Richard S. Moultrie, Jr. stated, "The use of inducements to influence a physician’s medical decisions undermines the important physician-patient relationship and interferes with the goal of doing what is best for the patient." Georgia Attorney General Chris Carr emphasized the importance of trust in healthcare recommendations: "Patients should be able to trust the recommendations they receive from their physician are what’s best for their health, not what’s financially beneficial to another provider."
Special Agent in Charge Kelly J. Blackmon of HHS-OIG highlighted the issue's impact on patient trust: “Kickback schemes undermine the trust patients place in our health care system.” Sean Burke from FBI Atlanta added that illegal kickbacks compromise healthcare decision-making: “Illegal kickbacks in any form pervert our health care system.”
Jason Sargenski from DCIS pointed out potential risks to military healthcare systems: “This settlement sends a strong message to healthcare practitioners who blatantly disregard patient-centered care for their own personal enrichment and potentially harm TRICARE.”
The government alleges that between 2016 and February 2020, Bard's affiliates offered incentives to persuade urology practices to use Bard's "Link" prescription form for intermittent catheters. These actions allegedly violated the Anti-Kickback Statute.
Bard began marketing intermittent catheters after acquiring Rochester Medical in 2013. In 2015, Bard acquired Liberator Medical and Liberator Holdings, further promoting its products through these channels.
The settlement resolves claims filed by whistleblower Dirk Etheridge under the False Claims Act provisions. Etheridge will receive a portion of the settlement.
The investigation involved multiple agencies including the U.S. Attorney’s Office for Northern District of Georgia and various federal departments.
Assistant U.S. Attorney Neeli Ben-David led the civil settlement efforts alongside other legal representatives.
It is noted that these resolved claims are allegations only without any determination of liability.
For more information, contact details are available through the U.S. Attorney’s Public Affairs Office or visit their website.