10 Former MiMedx Employees In Non-Compete Suit Fight Back Against MiMedx Schemes to "Bilk Medicare" and "Incentivize Fraud" in Counterclaims Filed by Mintz Attorneys
MARIETTA, Ga., Sept. 11, 2024 /PRNewswire/ -- 10 former employees of MiMedx Group, Inc. (NASDAQ: MDXG) have now filed counterclaims against the placental biologics company in response to a non-compete lawsuit filed by MiMedx earlier this year. Among other allegations, the employee countersuits assert that in some cases that MiMedx engaged in "schemes to bilk Medicare and other government and third-party taxpayers" and that "MiMedx tried to compel its employees to continue selling a product that the U.S. Food and Drug Administration determined could not lawfully be marketed without prior FDA approval." The filings describe the MiMedx suit as a "blatant intimidation tactic" against former employees who were "forced to leave" MiMedx as a result of its alleged wrongdoing.
Specifically, the counterclaims allege that MiMedx "pressure[d] healthcare providers to treat wounded veterans, diabetics, chronic wound sufferers, and other patients with medically unnecessary or unsuitable products—all to the detriment of patients "that are amongst the most vulnerable populations". Key filings also allege that MiMedx "engaged in and has directed members of its sales team including [the defendants] to engage in, predatory sales practices aimed at increasing its revenue by incentivizing fraud on the United States government, including Medicare fraud."
Some of the claims reference a warning letter issued by the FDA to MiMedx's CEO, Joseph H. Capper, concerning its AXIOFILL product on December 20, 2023, and assert that former employees believed "that the company had wasted the sales team's time claiming that there were no issues regarding AxioFill" even after receiving the letter, and that MiMedx's "lack of communication and transparency" regarding the facts were disturbing and led to them seeking employment elsewhere.
The claims filed by the former employees' attorneys at Mintz and Fellows Labriola allege that the employees left MiMedx after "MiMedx tried to compel its employees to continue selling a product that the U.S. Food and Drug Administration ('FDA') determined could not lawfully be marketed without prior FDA approval."
Today's counterclaims come on the heels of complaints filed last month on behalf of ex-MiMedx employees. To read the LATEST claims please click below.
To read Logan Richard's claims, click [HERE]
To read Judi Polacri's claims, click [HERE]
To read Eidrian Garcia's claims, click : [HERE]
To read London Barber's claims, click [HERE]
To read Parker Taylor's claims, click [HERE]
To read Cole Pearson's claims, click [HERE]
To read Claudia Nguyen's claims,click [HERE]
To read the PREVIOUS claims please click below.
Jacob Heikkinen
Caralyn Gargan
Lara Whooley
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SOURCE Mintz Levin