JPML Refuses to Create MDL Docket for Stivax System Medicare Fraud Claims

WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation denied a motion to create a multidistrict litigation docket for cases accusing Biegler GmbH of fraudulently promoting its electro-acupuncture device as being reimbursable, when in fact it is not Medicare eligible.

In a Dec. 12 order, the panel said plaintiff Neurosurgical Care LLC failed to show that the two pending class actions pose sufficiently complex or numerous overlapping factual questions warranting the creation of an MDL.

Biegler’s Stivax System is a single use, battery-powered device used to stimulate the cranial nerves to treat back, joint and arthritic pain.

Plaintiffs in …