Well it only took 12 years. Give them another twelve. Maybe superior.
Rep and bio not responsible for choosing patients. They created an environment enabling doctor to get greedy as did they. What they are guilty of is hiding the old interrogations off the programmer by shipping it to Germany so it couldn't be used against doctor. How do you know there were real trainees even at those implants? Maybe the case showed there were none. Maybe names on a list but no airline receipts showing attendance or rental car or hotel receipts. Why would a company fly people to Las Cruces to train? It's a pain in the ass and exspensive to get to. Fly into El Paso and drive 2.5 hours. They're guilty by association. They knew but didn't care that he was implanting normal sinus nodes with no conduction disease. That would've been shown with some programmer stats. But alas, it was sent to Germany after the class action was filed.
Except they were all study patients, therefore the office and Lake Oswego both had copies of the study programmings, printouts, collected for FDA, as part of the study.....
As much as I hate to.... I must take Bio's side here.
The doctor documents his diagnosis. The doctor orders a PPM implant then chooses a vendor. The rep shows up and hands over the product requested. Where in that process is the rep responsible for a chart review of the physician's work? Heck, there are written guidelines by HRS that spell out the scope of our responsibilities as reps and more specifically spells out the limits of our duties as reps. Yes, we provide a service for follow-ups and implant but in no way are we ever to be offering medical advice, diagnosing or recommending therapies or treatment. We all play this card at our convenience and to our benefit on a daily basis. All mudslinging aside, why is it that this rep, regardless of who he worked for, was responsible for stopping the implant from occurring?
Rumor has it now that the plaintiff is now planning on suing Smith and Wesson....
This doctor used one company. Why do you think that was? Because they paid him. That's why.
Typical answer. Everyone does it. I don't. None of my doctors do. And bio had no business here.
oh, and lets not forget the pharm side. This dr. was prescribing meds too. luckily, the pharmacist at the walgreens next door decided that the medications the physician was prescribing were not correct. Even though the dr had DOCUMENTED a diagnosis, the pharmacist superceded the physician and refused to fill the prescription. oh wait, no he didn't because a PHYSICIAN ORDER was placed in a chart, and the pharmacist would be WAY out of his or her scope of practice to decide a medication is either warranted or not. SAME THING HERE! A rep is WAY outside of his or her scope of practice if they decided whether or not to implant a device. Documented SND? patient gets a device. Period.
