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06/16/2009

Synthes, Medical Device Maker, Accused of Improper Marketing

By Barry Beier, The New York Times

A medical device maker, Synthes Inc., and four of its executives were indicted Tuesday on federal charges that they improperly promoted a bone filler for purposes not approved by the Food and Drug Administration, including encouraging its use in what prosecutors called "unauthorized" human trials.

The indictment, sought by the United States attorney in Philadelphia, is one of the strongest actions taken in recent years against a maker of drugs or medical devices. Federal prosecutors typically file civil lawsuits seeking fines for such infractions, rarely bringing criminal charges against corporate executives.

"They put their profits ahead of responsible business practices and the truth," Michael L. Levy, the United States attorney, said in a statement.

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