Judge accepts Medtronic plea settling ev3 case
A federal judge in Boston accepted a plea deal from Medtronic neurovascular subsidiary ev3 in an off-label marketing case, according to court documents released at the end of January.
U.S. Magistrate Judge Judith Dein granted the motion, which included the forfeiture of $6 million and an additional $11.9 million in penalties, bringing the total owed by the company to approximately $17.9 million.
Medtronic agreed in December 2018 to plead guilty to a misdemeanor charge related to its marketing of the Onyx Liquid Embolic System, pay $17.9 million and adopt new compliance and reporting terms for three years. The Fridley, Minn.-based med-tech giant acquired ev3 when it purchased Covidien in 2015.
The Onyx system won FDA approval in 2005 with indications for blocking blood flow to arteriovenous malformations of the brain. Prosecutors claim that ev3 sales reps marketed the device for unapproved uses between 2005 and 2009, even after FDA officials contacted ev3 over “specific safety concerns regarding uses of Onyx outside the brain,” according to the Department of Justice.
In 2012, the FDA released a warning regarding the Onyx system after receiving reports of more than 100 adverse events and nine patient deaths related to use of the device.
The ultimate charges relate to ev3’s marketing of the device for “unproven and potentially dangerous uses,” federal prosecutors said. The sales reps’ behavior occurred months before Covidien bought ev3 in July 2010, according to the plea agreement.
Ev3 argued in its sentencing memorandum that it not be placed on probation because Medtronic acquired ev3 several years after the criminal conduct and took “significant steps” to prevent any future off-label marketing of the Onyx system.
Further, Medtronic reminded the court that the off-label use its sales reps were promoting in the United States “involved an unapproved use for Onyx that has been approved for years in 74 countries around the world.”
In a continuing matter, Medtronic agreed to pay $13 million to settle the DOJ’s investigation of the STRATIS Registry, which was designed to assess clinical outcomes of Covidien’s neurothrombectomy devices. VTN