Knee Implants It Knew Were Failing, Sold to VA Patients for a Decade: $8M

DOJ alleged Exactech knew from 2008 that a knee component failed prematurely at an unacceptable rate — and kept selling it for surgeries on VA, Medicare and Medicaid patients through 2018, then did it again with two more knee systems.

DOJ alleged Exactech knew as early as January 2008 that its finned tibial tray failed prematurely at an unacceptable rate, yet kept marketing and selling it for surgeries on Medicare, Medicaid and VA beneficiaries through December 2018.

From January 2019 it allegedly did the same with prematurely failing polyethylene components in its Logic and Truliant knee systems, sold into February 2022.

Two whistleblower suits — filed by former sales personnel and physicians — share $1,894,720 of the recovery. VA is an expressly named billed program; no VA-only split is stated. A settlement of allegations; no determination of liability.

"When a manufacturer learns that its device is defective, it must promptly and transparently address the problem"
— U.S. Attorney’s Office, District of Maryland

Source: U.S. Attorney’s Office, District of Maryland. Case file in the VA Fraud case files — part of the VA Fraud record. Cases are published as the courts decided them; amounts are stated as the Justice Department states them (billed, stolen, or ordered in restitution, as labeled).