Smith & Nephew Qui Tam Lawsuit–$11.3 Million Settlement
Case name: United States of America ex rel. Cox v. Smith & Nephew, Inc.
Case type: Whistleblower & Qui Tam
Filed in: [U.S. District Court for the Western District of Tennessee]
[Case No.: 2:08-CV-02832]
Case Summary
In September 2014, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the Trade Agreements Act (“TAA”) and the False Claims Act (“FCA”) with Smith & Nephew, Inc., one of the world’s largest medical device manufacturers.
As part of the settlement, Smith & Nephew agreed to pay the government $11.3 million. The Relator, who was represented by Sanford Heisler Sharp, received 28% of the settlement, or $2.3 million.
The Plaintiff, Sam Cox alleged that Smith & Nephew knowingly violated the TAA and the FCA by selling devices to the Government that were manufactured in countries with which the United States is not a trading partner.
Procedural History
News Coverage
- Smith & Nephew Settles “Country of Origin” Whistleblower Case, Orthopedics This Week, September 11, 2014
- Smith & Nephew Will Pay U.S. $8.3 Million, Settling First Device Country-of-Origin Case, Bloomberg Law, September 10, 2014
- Whistleblower Wins $8 Million Case Against Device Maker Smith & Nephew for Trade Act Violations, Whistleblower Today, September 9, 2014
- Smith & Nephew to pay $11 mln in whistleblower suit, Reuters, September 4, 2014