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Judge tosses whistleblowers' lawsuit against Masimo

Thu, 10/03/2013 - 1:35pm
Mass Device

A federal judge tosses a whistleblowers' False Claims Act lawsuit filed against Masimo by 3 former sales reps, saying they failed to produce any evidence of fraud by the patient monitoring company.

Masimo: Whistleblowers' accusations not only false, but improper

Masimo (NSDQ:MASI) won the dismissal of a whistleblowers' False Claims Act lawsuit after a federal judge found that the plaintiffs, a trio of former Masimo sales reps, failed provide any evidence of fraud or fraudulent intent.

The whistleblowers sued in October 2010, accusing Masimo of promoting off-label uses of its Pronto and Pronto-7 devices and improperly billing government insurance programs for the off-label uses, according to court documents. The reps – Michael Ruhe, Kristine Serwitz and Vicente Catala – also accused Masimo of withholding sales records and interfering with subpoenas issued to federal insurance programs seeking those documents, according to the filings.

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