Ex-Synthes executive withdraws appeal of prison term

Former Synthes executive Thomas Higgins, who was sentenced to nine months in prison for his role in an illegal promotion and clinical trial of bone cement, Thursday withdrew his appeal of that sentence.

Higgins pleaded guilty in 2009, but his attorneys and prosecutors argued for more than two years over sentencing guidelines. Higgins, who had hoped for probation, was sentenced Nov. 21 in federal court in Philadelphia, and immediately indicated he would appeal. His attorneys filed the paperwork for an appeal Nov. 28 but withdrew the request Thursday.

Higgins' attorneys could not be reached for comment.

Higgins reported to the Bureau of Prisons on Dec. 19 and he was assigned to the minimum-security portion of the Canaan federal prison complex 20 miles east of Scranton.

Pharmaceutical and medical-device companies have paid billions of dollars in fines for violations of U.S. Food and Drug Administration laws. But company executives rarely go to prison, which is why this outcome was unusual.

Synthes Inc., a leading manufacturer of devices and tools for repairing bones, is based in Switzerland but has facilities and a U.S. headquarters in West Chester.

The company, its then-subsidiary Norian, and four executives were charged in 2009 after the company trained and supplied doctors with bone cement for a specific type of spinal surgery. Three patients died during operations using the bone cement.

Higgins, 55, of Berwyn, led the Synthes spine division during the illegal-trial period from 2002 to 2004.

Higgins' supervisor, Michael Huggins, got the same sentence and also indicated he would appeal. Huggins' attorneys could not be reached for comment Thursday.

Richard Bohner received an eight-month sentence. John Walsh, who was sentenced to five months, had indicated he would also appeal, but one of his attorneys filed a letter with the court Monday indicating Walsh planned to withdraw his appeal.