Joint Stabilization Device Maker Need Not Turn Over 510(k) Info, Kan. Federal Judge Says
September 25, 2018
WICHITA, Kan. — A Kansas federal judge has refused to make public certain documents the manufacturer of a joint preservation device submitted to the FDA during the 510(k) approval process, ruling that they constitute trade secrets and confidential commercial or financial information.
In a Sept. 18 order, Magistrate Judge Gwynne E. Birzer said Orthopedic Sciences Inc. is not required to turn over the documents in a lawsuit accusing it of participating in a scheme to improperly bill patients and their insurers for medically unnecessary joint preservation surgeries that involved its Titanium Hip Tool Locking Plate Bone Graft Stabilization System.
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