Acclarent Execs Move To Appeal Off-Label Conviction
Attorneys for former Acclarent executives William Facteau and Patrick Fabian have filed a request that their convictions on off-label marketing charges either be set aside or that they be granted a new trial, citing other recent off-label trials and misconduct by the government.
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The judge agreed that off-label marketing cases pose some challenges, but said the evidence against the former Acclarent execs was strong.
The former device industry sales rep behind the Acclarent off-label marketing case argues against any off-label marketing of devices, saying the 510(k) process and financial motives make it too risky.
The US Department of Justice is expected to continue ramping up its scrutiny of individuals under what’s called the Park Doctrine, attorneys say. The best defense may be taking awareness to the board of directors, they claim.