Dirt on Coloplast

Was YOUR mesh sling made by Coloplast? We all know that this company settled the mesh sling cases without going to trial and truthfully they got away with so much by doing this. However, you may not know what else they got up to so read the following article written December of last year 2015.

Coloplast Corp. pays $3 million to settle kickback lawsuit

By Joe Carlson Star Tribune

December 31, 2015 — 7:05pm

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Minneapolis-based Coloplast Corp. is paying $3 million to settle allegations that the company made illegal payments to cause thousands of senior citizens to switch to its bowel and bladder devices. Illegal payments?

Former Coloplast President Kimberly Herman and two other insiders filed a federal whistleblower lawsuit against the company, accusing it of violating the federal anti-kickback statute that outlaws paying for Medicare referrals. Big money in Medicare payments and they really do a pushover on older Americans.

Such payments incentivize overuse and can increase health care costs for the whole system.

Coloplast Corp., the U.S. subsidiary of Denmark-based Coloplast A/S, was not required to admit any wrongdoing as part of the settlement. A written statement from the company said the decision to settle was “driven solely by business considerations.” No wrong doing as usual. What is the point of a slap on the wrist. THEY DID WRONG!

“We are satisfied that we’re finally able to bring the case to a close with a settlement that makes it possible for us to continue our activities in the U.S., including dealer partnerships, at the same level as prior to the investigation,” Coloplast CEO Lars Rasmussen said in a Dec. 23 statement. Business as usual.

The statement came one day after the U.S. attorney’s office in Boston announced that Coloplast would pay $3.16 million to settle kickback allegations in the 2011 whistleblower suit that was filed by Herman and her co-plaintiffs and later joined by the Justice Department.

The lawsuit said that starting in 2009, Coloplast made illegal payments to third-party suppliers to induce them to run promotional campaigns designed to refer patients to company devices or increase sales involving people who were current patients.

Coloplast Corp. makes several types of products, including ostomy products for survivors of colorectal or bladder cancers whose intestines have been redirected to an opening in the abdominal wall, as well as urinary-incontinence catheters for patients with spinal cord injuries, MS and prostate-cancer surgery. Patients are generally 65 or older.

The lawsuit said patients using ostomy and incontinence products typically require long-term or even lifelong use of disposable medical products to handle bodily waste, making them dependable sources of Medicare revenue for company officials: Dependable on these companies is what they want. “Controlling a patient’s product choice equated to considerable, recurring revenue. … In fact, internal Coloplast documents describe ostomy and continence consumer care as an ‘annuity business,’ ” the lawsuit said. In case you don’t understand what this means, here it is.

An annuity is a contractual financial product sold by financial institutions that is designed to accept and grow funds from an individual and then, upon annuitization, pay out a stream of payments to the individual at a later point in time. In other words they make money until the person with a stoma dies.

Sales staff allegedly offered many forms of payments to persuade health care providers to convert patients to the company’s devices, including rebates, valuable market data and direct cash payments known internally as “spiffs.” Spiffs eh? So that is what the sales reps do. Remember my blog about Boston Scientific’s latest push with doctors? Here it is

The lawsuit alleges that on Aug. 9, 2011, one company official told a group of account managers, “Coloplast was willing to pay commissions or bonuses (internally referred to as ‘SPIFFs’) to … suppliers’ sales representatives for conversion, but that the managers need to be careful how much of the program they put in writing.” There you go. Let’s give sales reps an incentive they can’t resist. Screw the people, let’s make a deal.

In 2013, one distributor invoiced Coloplast with a bill for $8,598 for “Elastic Barrier Strip Spiff Q2 2013.” I would say unbelievable, but after all I have read lately, I can believe anything these giant manufacturers do.

The lawsuit alleges that whistleblower Amy Lestage was told to call the distributor and have them replace the word “spiff” with “marketing funds” on the invoice, and to delete all of her e-mails regarding it. Let’s get rid of evidence.

CEO Rasmussen said the company chose to settle rather than fight such allegations in court. They did the exact thing with mesh slings and this is way cheaper than going to court and then they get to do business as usual. They make me sick.

“Under the circumstances, we are convinced that a settlement is the right thing to do to bring the case to a close. We avoid spending more time and money on a tiring and lengthy legal process,” he said in the company statement. They get to pay out less money and they get away with it.

Whistleblowers like Lestage and Herman may stand to get a percentage of the settlement Coloplast agreed to pay, though the final figures are not yet known.

Globally, sales of Coloplast ostomy and continence products grew 11 percent in the fiscal year ended Sept. 30. Coloplast posted roughly $130 million in net profit on $2 billion in revenue during the fiscal year ended Sept. 30. $130 million net profit. ($3.million is pocket change) They don’t mind giving out a little to get rid of this little problem and then they carry on as if butter won’t melt in their mouths. And I have no doubt they will do other underhanded things in the future.

2 Comments

  1. Elizabeth

    I had Coloplast Transvaginal mesh implanted in 10/2015. I have so much pelvic pain, and sharp shooting pains that radiate down my right leg. I have to go under anesthesia to have an exam on the 29th of June just to see if the mesh has eroided. The doctor tried to examine me, but it was so painful felt like nails scrapping on my insides that she had to stop. This has affected my life greatly.

    Reply
    1. Linda (Post author)

      Elizabeth I am so sorry and hope you let them know not to touch you unless you are under, if indeed it is that painful. Undoubtedly it has eroded or balled up and pushing through your bladder or urethra or BOTH.

      Reply

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