Four former executives of AbTox, Mundelein, Ill., were indicted by a federal grand jury for allegedly selling unapproved sterilization systems to several government and private hospitals from 1995 through 1998. The 19-count indictment, which includes criminal fraud and conspiracy charges, alleges that the executives of the now defunct firm sold about 160 AbTox Plazlyte Sterilization Systems, for $75,000 to $115,000 each, knowing the system had yet to receive Food and Drug Administration marketing approval. The indictment doesn't allege that patients suffered any injuries as a result. Buyers allegedly were told the product was another FDA-approved sterilization system that AbTox produced but never marketed. The executives are Ross Caputo, former president and CEO; Robert Riley, former vice president of regulatory affairs; Mark Schmitt, former marketing director; and Marilyn Lynch, former director of clinical affairs. Buyers included at least 12 Veterans Affairs hospitals, some Department of Defense and Indian Health Services facilities and at least six private hospitals. -- by Mark Taylor
Firm sold unapproved sterilizers, government says
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