Ashcroft Law Firm Client Vascular Solutions, Inc. Acquitted

On February 26, 2016, a federal jury in San Antonio found Ashcroft Law Firm client Vascular Solutions, Inc. (VSI) and VSI’s CEO and co-defendant Howard Root not guilty on all charges after a four week trial in which federal prosecutors charged VSI and Mr. Root with criminal off-label marketing of VSI’s Vari-Lase device. As local counsel to the trial team, Partner Johnny Sutton drew upon his prior experience as the U.S. Attorney for the Western District of Texas to help guide the trial team to this impressive result. We congratulate VSI and co-defendant Howard Root for their perseverance in the face of the government’s immense pressure, and we commend the firms of King & Spalding and Fredrikson & Byron for their excellent advocacy in this high-stakes trial. This result was not only crucial to our client’s business existence, but it is also an important milestone in the ongoing pushback against the FDA’s constitutionally questionable approach to the regulation of medical device marketing. To learn more about the case, please see media coverage here and here. To speak with our Firm about how we might help you or your company deal with government investigations or criminal prosecutions, please contact us.

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