STRATA Skin Sciences Files Complaint Against LaserOptek, Monarch Laser Services, and The Pinnacle Health Group
LaserOptek, a Korean company publicly traded on the KOSDAQ exchange, is the manufacturer of the Pallas line of solid-state laser medical devices (“Pallas lasers”), MLS is the exclusive distributor of the Pallas lasers in the
In its complaint, STRATA alleges false advertising and unfair competition under the Lanham Act and related state laws with regard to the marketing and sale of the Pallas lasers in the
- The Defendants have intentionally misrepresented the nature, characteristics, and qualities of the solid-state Pallas lasers by falsely stating to current and potential dermatology practice customers that treatments for psoriasis performed with Pallas lasers are reimbursable using specific medical codes reserved only for psoriasis treatments performed with excimer lasers, such as STRATA’s XTRAC® devices
- LaserOptek and MLS have also made knowingly false and misleading statements regarding the technological, functional, and clinical equivalence and/or superiority of the solid-state Pallas lasers over STRATA’s excimer lasers without any scientific or technical evidence to support those claims
- LaserOptek and MLS have relied on LaserOptek’s clearance from the
Food and Drug Administration (FDA) to make inherently misleading and false statements regarding the technological, functional, or clinical equivalence of the solid-state Pallas lasers as compared to STRATA’s excimer lasers
- The Defendants’ conduct is causing ongoing harm to the public interest by encouraging the fraudulent use of reimbursement codes, causing purchasers and users of the Pallas lasers to experience probable denials of insurance reimbursement, and causing patients to be treated for psoriasis using Pallas lasers that have not been determined to have clinical efficacy by the
Centers for Medicare and Medicaid Services (CMS) and theAmerican Academy of Dermatology (AAD) and for which clinical efficacy has not been established in the peer-reviewed scientific literature
STRATA is seeking injunctive relief, actual damages, treble damages, disgorgement of profits, and reimbursement of legal costs from the Defendants.
“STRATA will protect the ethical billing and use of CMS reimbursable treatment codes for the benefit of our 4,000 partners providing dermatology treatments using our proven excimer devices and the hundreds of thousands of patients in the
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Source: STRATA Skin Sciences, Inc.