Scomed was given multiple opportunities to respond over three hearings but largely declined to present its own arguments or evidence. Hartford, meanwhile, introduced exhibits – all of which came from Scomed’s own counsel – showing that Scomed’s business model revolved around stocking and selling commonly prescribed products. These included pages from Scomed’s website and Facebook page, a state Department of Health certification, and a Medicare accreditation as a supplier of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies, or DMEPOS. Hartford argued that these documents only reinforced the distinction between a health care provider and a medical supplier.
