March 31, 2005
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Justice Department subpoenas orthopedic manufacturers on ties to surgeons

Federal authorities seeking information on contracts and agreements related to the use of hip and knee products.

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The U.S. Department of Justice has issued subpoenas to at least five major manufacturers of orthopedic hip and knee implants.

Stryker Corporation, DePuy Orthopedics, Smith & Nephew Orthopedics, Biomet Inc. and Zimmer Holdings Inc. all released statements on March 30 and 31 announcing receipt of the subpoenas, which the Justice Department (DoJ) issued through the U.S. Attorney for the District of New Jersey. The request covers all documents from January 2002 through the present relating to any consulting and professional service agreements between the companies and orthopedic surgeons.

In particular, Stryker said in a press release that the DoJ requested “any and all consulting contracts, professional service agreements, or remuneration agreements between Stryker Corporation and any orthopedic surgeon, orthopedic surgeon in training, or medical school graduate using or considering the surgical use of hip or knee joint replacement or reconstruction products manufactured or sold by Stryker Corporation.”

The DoJ made similar requests to DePuy, Smith & Nephew, Biomet and Zimmer concerning their relationships with surgeons, according to press releases from these companies.

Representatives for Smith & Nephew, Biomet and Stryker did not immediately return requests for comments. The U.S. Attorney Office for the District of New Jersey also declined to discuss the matter.

“As a rule, we do not discuss grand jury subpoenas. Nor do we even acknowledge that they went out, in fact,” Mike Drewniak, a public affairs officer for the N.J. district attorney’s office, told the OrthoSuperSite.

All companies noted in their press statements that they are fully cooperating with the requests.

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