MADIGAN ANNOUNCES $12 MILLION MULTISTATE SETTLEMENT WITH MEDTRONIC
Chicago — Attorney General Lisa Madigan today announced a $12 million settlement with a company that manufactures a device used primarily in spinal surgeries. The settlement with Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc. (Medtronic) resolves allegations that the company misled consumers about the safety of its InfuseŽ Bone Graft Device.
According to Madigan's complaint, Medtronic used deceptive company-sponsored scientific literature to make false and misleading claims about Infuse's safety, effectiveness and quality. The false marketing created an artificial demand for Infuse in a range of fusion surgeries. The company's fraudulent conduct was the subject of a 16-month investigation by the U.S. Senate Finance Committee.
"Medtronic misled the public in order to sell more of its bone graft devices, without regard for patients' safety," Madigan said. "This settlement ensures the company's marketing is accurate and complies with federal regulations."
Joining Madigan in announcing the settlement were the attorneys general of California, Massachusetts, Oregon and Washington. Under the settlement, Illinois will receive $2.4 million. The judgment is subject to court approval.
The settlement also requires Medtronic to ensure its marketing and promotional practices do not unlawfully promote Infuse. In particular, Medtronic shall:
Assistant Attorney General E. Paige Boggs handled the case for Madigan's Consumer Fraud Bureau.