Among the latest Synthes suits was one filed Wednesday in federal court in Philadelphia against three former company sales representatives in California and rival Stryker Inc., which hired them to sell nails, screws, plates, other devices, and tools to fix broken bones, mostly related to spinal ailments.
Stryker is based in Kalamazoo, Mich., but has two facilities in northern New Jersey.
In what might be news to some surgical patients, the sales representatives for medical-device companies are frequently in the operating room. Surgeons - who often decide which brand of expensive devices is to be purchased - are the target of sales efforts and often seek the guidance of the sales representatives.
The latest Synthes lawsuit charges a former sales representative with a mercurial change of loyalties. It contends that Michael Russell, shortly after his resignation, "began soliciting and assisting" physician customers in the San Francisco area with whom he had been working on behalf of Synthes.
Synthes charges: "Moreover, on at least one occasion, Russell used Synthes medical devices to complete a surgery on behalf of Stryker, and without Synthes' knowledge."
Russell could not be reached for comment. Jonathan Sassani and Kristen Phillips-Cheng were two other former Synthes sales representatives named in the suit. Sassani declined comment. Phillips-Cheng could not be reached for comment. A Stryker spokeswoman declined comment, and a Synthes spokesman in Switzerland could not be reached.
"The company's position is that it does not comment on pending litigation," said Blank Rome attorney Anthony Haller, who is directing at least two of the Synthes suits against former sales representatives.
