Judge Allows DOJ and States to Pursue Abbott MitraClip Kickback Lawsuit

In San Diego, Judge Todd Robinson, a Trump-appointed federal jurist, ruled that the litigation accusing Abbott Laboratories of kickbacks tied to its MitraClip heart-valve device will continue toward a jury trial. The action, initiated by the Department of Justice and more than two dozen state governments, claims Abbott provided doctors with cash, lavish meals and patient referrals to boost use of the patented device, breaching the Anti-Kickback Statute and the False Claims Act.

Robinson distinguished modest meals at legitimate training events from extravagant dinners at upscale hotels, allowing those latter claims to proceed. He also rejected Abbott's attempts to exclude expert testimony from policy analyst Genevieve Kanter and cardiac surgeon John Karamichalis, finding both witnesses credible. However, the court granted Abbott summary judgment on allegations specific to Florida and California, citing a lack of concrete evidence of false Medicaid claims. The broader case, concerning thousands of alleged improper Medicare and Medicaid reimbursements, remains slated for trial.