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It took 11 years, but DJO Global and Zimmer Biomet (NYSE:ZBH) subsidiary EBI finally escaped the civil side of a False Claims Act lawsuit yesterday alleging that they defrauded Medicare with the sale of bone-growth stimulators.
The suit, filed in 2005 by the owner of a Missouri durable medical equipment billing services company named Jeffrey Bierman, alleged that a raft of companies submitted false Medicare claims for the osteogenesis stimulators. The claims for purchasing the devices should have been made for renting them, Bierman alleged; furthermore, the devices were prescribed for much longer periods of time than was medically necessary, he claimed in the lawsuit.