U.S. EX REL. HUTCHESON v. BLACKSTONE MEDICAL, INC.

Civil Action No. 06-11771-WGY.

694 F.Supp.2d 48 (2010)

UNITED STATES of America ex rel. Susan HUTCHESON and Philip Brown, Petitioners, v. BLACKSTONE MEDICAL, INC., Respondent.

United States District Court, D. Massachusetts.

March 12, 2010.


Attorney(s) appearing for the Case

Robert M. Thomas, Jr., Thomas & Associates, Sonya A. Rao, United States Attorney's Office, Royston H. Delaney, Boston, MA, Frederick M. Morgan, Jr., Jennifer M. Verkamp, Morgan Verkamp LLC, Cincinnati, OH, Suzanne E. Durrell, Durrell Law Office, Milton, MA, for Petitioners.

Jonathan L. Diesenhaus, Peter S. Spivack, Stephen M. Kuperberg, Hogan & Hartson LLP, Washington, DC, Stephanie L. Carman, Hogan & Hartson LLP, Miami, FL, Benjamin S. Halasz, Brien T. O'Connor, Kirsten V. Mayer, Ropes & Gray, Boston, MA, for Respondent.


MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

Relators Susan Hutcheson and Philip Brown ("Relators") sued Blackstone Medical Inc., ("Blackstone") in a qui tam action under the False Claims Act, 31 U.S.C. § 3729 et seq. (the "Act"). The claim arises out of Blackstone's alleged nationwide fraudulent scheme to increase the use of its medical devices in spinal surgeries by payment of kickbacks to physicians in violation...

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