Saturday, December 12, 2009

Synthes Execs Sentencing Date Approaches

As the sentencing date approaches for the four Synthes executives convicted in the Norian case, namely Mssrs. Higgins, Huggins, Boehner and Walsh, the question remains what can the government do with the infamous "person of special interest No.7" when Synthes goes to trial in 2010? On December 6, a Philadelphia based website (www.philly.com) reported that Hansjoerg Wyss, was finally outed as special person of interest No. 7. Didn't we all know that from the start? Included in the article was his "rags to riches" story, his love for science and the environment, his love of the outdoors, and his philanthropy to his beloved Harvard. Yet, for all his accomplishments, will Norian and THE DEATH OF THREE PATIENTS be the albatross that tarnishes his legacy based on the 52 felony count indictment against his beloved "Syntes (that's the Wyss lisp)." Regardless of what Synthes legal counsel will tell Wyss, the fact remains that when the government decides to indict, it is positive that it has enough of evidence to get its pound of flesh, witnessed by the recent conviction of Mark Kabins, M.D. in the city of Lost Wages. By the way readers most of you stayed away from that story like it was the H1N1 Flu! A 52 felony count indictment is not a laughing matter, even if there is overlap in the charges. In all likelihood the Feds will get Synthes on a multiple count conviction, with a substantial fine (this time it will not be the size of the puny NJ fine), and potentially mandate that an Ashcroft type monitor provide oversight at the company.

Based on the history and culture of this organization, Synthes is an interesting study in pathology. The Annual Report section on "Integrity" states, "Acting ethically and respectfully is the cornerstone of Synthes business. Synthes is committed to responding to the challenges to our business by operating in accordance with the highest levels of professional and ethical standards in our industry. Simply put, we must always act with integrity. Our commitment is to play by the rules and regulations applies throughout Synthes, to all countries, to all employees, and to all our business partners."

A SLIGHT CONTRADICTION, considering that Synthes has always stretched the rules indicative of their earlier educational grants to teaching institutions, instrument grants to customers to increase the purchase of inventory, and the use of education as a marketing tool. All of you know that this is old news, yet, it is the last few weeks of the year and TSB is starting to anticipate what will be news as we enter 2010. But the question must be asked, "Is Herr Wyss slipping?" This was once a venerable company that many salespeople wanted to work for, unfortunately, over the years, the Synthes management team has exhibited a lack of integrity and respect for its employees and human life. Payback is a ............. At 74 years of age, the possibility exists that Wyss is beginning to show cracks in his armor and his Picasso's. Hopefully, he will be in the spirit of giving to the families of Mssrs. Huggins, Higgins, Boehner, and Walsh considering that they are taking the fall for a decision that was endorsed by the then CEO of the company. Based on what former employees have said, Wyss is a micro-manager and nothing gets by without his approval. Carrying a 40-50 pound backpack is going to be different than carrying the weight of an eighty pound gorilla better known as the Federal Government. TSB is sure that Herr Wyss will not go to jail, but if the government wants to show our industry that this isn't another exercise in futility it will bite louder than its bark.

TSB bets that this doesn't go to trial and that there is a settlement with the government. Money can buy you a lot of things, unfortunately, it can't buy you vision.

14 comments:

  1. Granted, HJW is a smart guy. His smartest move may have been to start selling the Synthes line in the US in 1974, as it appears that most of his wealth stems from that move. But is there anybody else out there who thinks that ending up with 6+ billion which was essentially funded by Americans who needed a fracture fixed is maybe a little much? The philly.com article is a nice PR move to try to influence a future jury even before an indictment has been presented

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  2. Wyss will use any strategy to influence a jury, especially one that is not a jury of his peers. I like the philanthropy slant, though he hasn't had too much luck in Philadelphia based courts if the Globus decision is any barometer of his luck..... Who knows maybe he will buy a Federal Judge with a bribe to his favorite charity. You know anything is possible when you have money, look at OJ

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  3. Having worked at Synthes a number of years ago, I can state that Wyss was/is a bully. Albeit successful, the sales model he uses is strictly set-up on further control. He loves to manage by fear and intimidation and the Synthes culture reflects that. Now if someone could just get him to trim those eyebrows!

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  4. I'm a current Synthes employee, though somewhat new. How do you feel that the organization used/uses fear and intimidation? I haven't experienced that at all. Not looking to argue, honestly. Just curious.

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  5. Here is one great example --- Do they finally have internet access? That was a joke when I was there, no use of internet at your desk computer. Try and perform a search on competitive product or gauge other market details without internet access....or maybe do a little banking online to enable more time at work...the list goes on and on

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  6. I too work for Synthes, and it is truly a great company to work for. Is it perfect? Of course not, but you know what you get. Good products and a chance to make a great living. I am real curious how much the fine will end up being from the norian situation. any guesses?? As far as Synthes stretching the rules, we are very conservative by any measure compared to what goes on out there everyday.

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  7. Unfortunately that measure does not mean much today, and I would never try to justify any action by using for example Globus's moral standards, which Synthes knows only too well, as a yardstick.

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  8. Very conservative with grant programs that are used to "con" hospitals into buying excess inventory!

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  9. We don't con, we hold a gun to their head and make them cut PO's. Give me a break. Our jobs are to sell stuff.

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  10. Obviously selling entails promotional grants and loading the account up with excess inventory. Here's how the grant works; when the hospital X utilizes Y amount of dollars of a new product, the account qualifies for a instrument grant. The sales rep has the option of either giving the account their instruments, or, use the instruments to entice another account Z to buy the implant inventory to complete the set, so that they have their own system. Usually it is the later option! In addition, I can guarantee that if hospitals hired an insider from the industry, they would quickly identify how they are being duped to buy excess inventory that lies around collecting dust. The program was conceived by Synthes management that came over from Ethicon. You know people with integrity and the highest ethical standards. Please spare us the elevator pitch on how wonderful the company is, it is one of the most aberrant cultures in the industry and that is something to be proud of.

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  11. The spine "earned inventory" program was discontinued 2+ years ago and was originally set up as a way for sales consultants to "earn" additional field equipment or product upgrades to service a product specific high-volume account. Although we have the ability to grant in product as needed, managers have a budget to consider. I have worked at synthes for 5 years and have never heard of what is being alledged happening although, I guess it is possible...I also don't understand how this is un-ethical business practices...

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  12. Sounds to me like someone is just jealous or had their ass handed to them by Synthes in the past. I have been in ortho/spine for over 20 years and they have one of the best reputations on the street from both the reps and the docs.

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  13. To quote TSB; "Just the facts m'am just the facts!"

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  14. What happened to the guys that plead to the single count - are the Feds waiting to see how much they provide for the prosecution of Synthes and Wyss before handing down sentence?

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