Smith and Nephew Qui Tam Lawsuit–$11.3 Million Settlement
Case name: United States of America ex rel. Cox v. Smith and Nephew, Inc.
Case type: Whistleblower and 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 McKnight and the U.S. Government settled a whistleblower action under the Trade Agreements Act (“TAA”) and the False Claims Act (“FCA”) with Smith and Nephew, Inc., one of the world’s largest medical device manufacturers.
As part of the settlement, Smith and Nephew agreed to pay the government $11.3 million. The Relator, who was represented by Sanford Heisler Sharp McKnight, received 28% of the settlement, or $2.3 million.
The Plaintiff, Sam Cox alleged that Smith and 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 and Nephew Settles “Country of Origin” Whistleblower Case, Orthopedics This Week, September 11, 2014
- Smith and 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 and Nephew for Trade Act Violations, Whistleblower Today, September 9, 2014
- Smith and Nephew to pay $11 mln in whistleblower suit, Reuters, September 4, 2014
Attorneys Involved in the Case
David Sanford
Chairman
H. Vincent McKnight Jr.
Co-Vice Chairman
John McKnight
Washington, DC Partner
Grant Morris
Of Counsel