FOR IMMEDIATE RELEASE
October 5, 2012
Medical Device Company Successfully Completes Deferred Prosecution Agreement
NEWARK, N.J. – The United States has dismissed a Criminal Complaint filed in September 2010 against Wright Medical Technology Inc., a publicly-traded national manufacturer and distributor of orthopedic implant devices and supplies based in Arlington, Tenn., First Assistant U.S. Attorney J. Gilmore Childers announced today.
The Complaint was filed pursuant to the terms of a 12-month Deferred Prosecution Agreement that was executed in September 2010 and extended for another 12 months in September 2011. The extended DPA expired on Sept. 29, 2012.
The Criminal Complaint, which alleged that Wright used consulting agreements with orthopedic surgeons as an inducement to use its artificial hip and knee reconstruction products, was to be dismissed provided that Wright was in full compliance with all of its obligations. The dismissal was ordered yesterday afternoon by U.S. Magistrate Judge Madeline Cox-Arleo.
Wright had agreed to accept the appointment of a federal monitor to review its compliance with the terms of the DPA. Since September 2010, Wright has been monitored by James B. Tucker, former U.S. Attorney for the Southern District of Mississippi.
“During the past 24 months, Wright Medical has worked with James Tucker and his monitor team to instill and implement a compliant corporate culture,” First Assistant U.S. Attorney Childers said. “We are pleased to announce that Wright Medical has fully complied with the terms of the DPA and we have accordingly moved today to dismiss the Criminal Complaint. We hope that the company continues its current trajectory and will serve as an industry leader in corporate compliance.”
First Assistant U.S. Attorney Childers credited special agents of HHS-OIG, New York Regional Office, under the direction of Special Agent in Charge Tom F. ODonnell; and inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge Philip R. Bartlett, for their work in reaching the original agreement.
The government is represented by Assistant U.S. Attorney Joseph Mack of the U.S. Attorney’s Office Health Care and Government Fraud Unit.
Defense counsel: Karen F. Green Esq., Boston, Mass.