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Tell Judge Allison Burroughs to Put CONVICTED Medical Device Executives in Jail

This petition had 288 supporters


July 20, 2015  If you or someone you know has been injured by a medical device: PLEASE SIGN AND SHARE THIS PETITION to put medical device executives in jail.

TELL JUDGE ALLISON BURROUGHS TO SENTENCE PRIOR TO APPEALS AND GIVE THESE EXECUTIVES MAXIMUM JAIL TIME & PENALTIES UNDER THE LAW. We cannot allow the courts to encourage, replicate and reward unethical and illegal behavior, that a jury of peers already CONVICTED on, by going soft on medical device executives during their sentencing.

The former Chief Executive Officer, William (Bill) Facteau and Vice President of Sales, Patrick (Pat) Fabian, of venture capital funded New Enterprise Associates (NEA) startup Acclarent, Inc., a medical device company, were CONVICTED by a federal jury in connection with distributing adulterated and misbranded medical devices.

William Facteau, 47, of Atherton, Cal., and Patrick Fabian, 49, of Lake Elmo, Minn., were convicted by a jury following a six week trial of 10 counts of introducing adulterated and misbranded medical devices into interstate commerce. 

The jury concluded that Facteau and Fabian caused the unlawful distribution of a medical device known as the Relieva Stratus Microflow Spacer (“Stratus”) for uses not cleared or approved by the U.S. Food and Drug Administration.  Despite the fact that the company had told the FDA that the Stratus was a medical device intended to maintain an opening to a patient’s sinus, Facteau and Fabian launched the product intending it to be used as a steroid delivery device.  The FDA, however, had specifically refused Acclarent’s request to clear the Stratus for marketing as a drug delivery device without further submissions to support that use. 

Attorneys for Facteau & Fabian already declared they'll appeal the 10 convictions while hoping to stay sentencing.  In fact Facteau's attorneys at Steptoe & Johnson are already declaring victory for their client. 

TELL JUDGE ALLISON BURROUGHS TO SENTENCE PRIOR TO APPEALS AND GIVE THESE EXECUTIVES MAXIMUM JAIL TIME & PENALTIES UNDER THE LAW.  We cannot allow the courts to encourage, replicate and reward unethical and illegal behavior, that a jury of peers already convicted on, by going soft on medical device executives during their sentencing.  



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Melayna Lokosky needs your help with “karen_folan@mad.uscourts.gov: Tell Judge Allison Burroughs to Put Medical Device Executives in Jail During Sentencing”. Join Melayna and 287 supporters today.