Given everything that’s happened in the years since, it’s easy to forget that less than a decade ago, the US orthopedics industry was caught in the throes of a major investigation by the US Department of Justice (DOJ) and coping with the terms of the subsequent settlement with the US Attorney’s Office. And though both the investigation and the settlement affected all of the top US-based orthopedics companies – only Stryker Corp. was not part of the original settlement group – Zimmer Biomet Holdings Inc. stood out. Not only was the company cited for having the largest number of high-priced consulting agreements – the first public postings of surgeon consulting contracts post-settlement showed that there were 47 contracts worth more than $1 million, and Zimmer held 21 of them – it paid the most in fines of the four that eventually became part of the settlement. (See Also see "Orthopedics Settlement: Puts the Issue to Bed--Or Does It? " - In Vivo, 1 November, 2007..)How long ago that all seems now. The conflict of interest and related issues that roiled the industry – though in truth more orthopedics executives were happy about the investigation and its subsequent restrictions than were unhappy – now seem a distant memory. Certainly, the adoption of rigorous compliance programs, both at individual companies and across the industry, helped put any concerns about undue influence and improper behavior to rest. But much more than that, in the intervening years, a host of new dynamics – first a major global economic crisis, followed by continued cost pressures in health care and a major health care reform effort in the US, as well as the emergence of new markets in places like China and India – have made the issues raised by the DOJ investigations seem, if not irrelevant, then at least far less pressing than they did in the mid-2000s.
In short, the new reality that the COI investigations were supposed to usher in has been replaced by a new...
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