JPML Asked to Create MDL Docket Based Upon Stivax System Medicare Fraud Claims

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

In a Sept. 30 motion, plaintiff Neurosurgical Care LLC asserts that all three class actions seek similar relief based on the same factual claims, and each will require a determination of whether defendants knowingly and falsely represented Stivax as Medicare reimbursable.

The Stivax System, manufactured by Biegler, is a single use, battery-powered device used to stimulate the cranial …