$3.76 Million Qui Tam Settlement

The Ohio based medical device manufacturer, Atricure, Inc., has settled a qui tam lawsuit that alleged Atricure marketed its medical devices for off label uses.  In other words, Atricure promoted its medical devices for purposes other than for which the FDA approved its devices.

According to the Department of Justice, the allegations were made against Atricure in a lawsuit filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private citizens, called “relators,” to bring lawsuits on behalf of the United States and receive a portion of the proceeds of any settlement or judgment. The relator will receive a total of $625,000 as the statutory share of the current settlement.

In 2009, the Department of Justice recovered over $2.2 billion from cases involving the False Claims Act, or qui tam lawsuits.