Your Rights
Device companies employ numerous tactics intended to protect their bottom line from competition. Often times these tactics – some of which may be illegal – are aimed at clinicians and hospitals and are intended to stop or hinder your reprocessing program. The two most common challenges facing hospitals are payments to physicians and prohibitive contract clauses.
Payments to Physicians
Device companies compensate physicians in numerous ways – from paying consulting fees to awarding research grants.
Although it is permissible for device companies to compensate physicians for their help in developing and validating new technologies, it is illegal for a device company to compensate a physician in exchange for the physician’s influence in hospital purchasing decisions (e.g., anti-reprocessing policies).
Prohibitive Contracts
Device companies view reprocessing of single-use devices (SUDs) as a growing threat to their profit margins. To combat this threat, they have adopted potentially illegal, anticompetitive practices aimed at limiting hospitals’ ability to reprocess.
