small Texas company
settled a federal antitrust lawsuit yesterday that accused the
nation's two dominant hospital buying groups, Premier and Novation,
of preventing the sale of its hypodermic needles to many hospitals.
The company,
Retractable Technologies, which figured prominently in the fight
to reform hospital buying groups, said the terms of the settlement
were confidential but that it included cash payments, as well as
provisions to make it easier for the company to sell its needles in
thousands of hospitals in the United States.
Retractable said its product helps prevent accidental needle
sticks among health care workers and that Premier and Novation had
essentially blocked its sale to many hospitals. Premier and Novation
negotiate supply contracts worth about $35 billion a year on behalf
of nearly two-thirds of the country's hospitals.
"We're hopeful that this exciting development will enable us to
further fulfill our mission of protecting America's health care
workers against potentially deadly accidental needle-stick
injuries," said Thomas J. Shaw, the president and chief executive of
Retractable, which is based in Little Elm, Tex.
The settlement also included
Tyco International, which makes a competing needle and had also
been sued by Retractable. A Tyco spokesman said the company was
pleased with the settlement but declined to comment further.
The settlement did not include Becton, Dickinson & Company, the
nation's biggest needle maker, which remains a defendant in the
case, which was filed in federal court in Texarkana. Becton
Dickinson, which is accused of conspiring with the buying groups to
restrain trade, has denied it acted improperly.
Premier and Novation, which had vigorously disputed Retractable's
charges, have vowed to change their buying practices after being
sharply criticized by members of Congress, who accused them of
conflicts of interest and self-dealing.
Premier said the settlement did not include any admission of
improper conduct. Novation also said the settlement would have "no
material impact" on its financial health. Premier and Novation are
private for-profit companies.
In a related development, California has become the first state
to take steps toward regulating the business practices of group
purchasing organizations. In a vote on Tuesday, the state's Senate
Judiciary Committee passed a bill that would require hospital buying
groups to comply with a code of conduct.
Martha Escutia, a state senator who introduced the bill, said the
legislation would help keep health care costs down by fostering
competition among hospital suppliers and eliminating conflicts of
interest within buying groups.
The bill would also require the buying groups to disclose
whatever payments they receive from medical supply companies. Buying
groups finance their operations through fees received from the
companies they purchase supplies from. Critics of this practice,
including Mr. Shaw of Retractable, said these payments corrupted the
way contracts for supplies were awarded.
Premier and Novation defend this practice, a source of hundreds
of millions of dollars for them, on the ground that their hospitals
know of the payments and approve of them.
But a federal audit of Premier, conducted by the inspector
general of the Department of Health and Human Services, found that
the buying group had often failed to disclose these fees. "Our
review found that 37 of the 107 responding members in our sample did
not receive an advance agreement indicating that Premier would
receive an administrative fee from vendors based on the member's
volume of purchases," according to the audit, which was obtained
through a request under the federal Freedom of Information Act.
The audit also found that Premier had not promptly informed
hospitals that it had investments in supply companies.
Premier said it had found the inspector general's recommendations
"reasonable" and said it would "commit to change its process and
take responsibility for distributing" its fee agreements to
hospitals.
Retractable's legal fight against Premier and Novation has been
closely watched by other hospital suppliers, some of which have also
said they did not have a fair chance to sell their products to
hospitals.
Retractable makes a needle that automatically retracts into the
barrel after an injection, reducing the chance that a health care
worker might accidentally be stuck by a contaminated needle.
In New York, for example, Premier and Becton, Dickinson were
recently named in a complaint to the Occupational Safety and Health
Administration by a group of resident doctors at Montefiore Medical
Center, based in the Bronx.
The residents gave OSHA data they had compiled that showed what
appeared to be a rise in the number of needle-stick injuries at
Montefiore over the last two years. They said hospital officials did
not take "appropriate action."
The residents also asked OSHA to investigate whether Montefiore's
membership in Premier was behind its widespread continued use of
traditional needles, which have no safety features. The agency has
begun an investigation.
Montefiore officials questioned the accuracy of the residents'
statistics. They also said the medical center was replacing its
hypodermic needles, which they said carried only a very small risk
relative to other devices that can pass on diseases carried in the
blood.
A Premier spokeswoman said the company continued to award
contracts for traditional needles because they were inexpensive and
could be used in certain procedures that do not involve human blood,
like drawing liquids out of stoppered bottles. She said that Premier
was not at fault if certain hospitals were permitting health care
workers to use these needles on patients.