United States ex rel. Bierman v. Orthofix International, N.V.

MEMORANDUM OF DECISION

ZOBEL, UNITED STATES DISTRICT JUDGE

Plaintiff-Relator Jeffrey Bierman has alleged that DJO1 defrauded Medicare by fraudulently selling bone-growth stimulation devices. Following a previous round of summary judgment,- see Docket # 358, Bierman’s sole remaining theory of liability under the False Claims Act, 31 U.S.C. §§ 3729 et seq. — and a host of state and local analogs2 — is that DJO trained physicians to recommend inflated estimated lengths of need for its device. In support of this theory, Bierman has marshalled two experts, Yadin David and Jonathan Williams, who…