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Cardiac Arrest: Five Heart-Stopping Years as a CEO On the Feds' Hit-List
Who polices America's prosecutors? And when they set their sights on an innocent CEO, can he survive a 5-year, $25 million legal labyrinth to save the company he built, and himself from prison? Howard Root started Vascular Solutions with little more than a dream and an idea for a single medical device. Fifteen years later, his Minnesota company had created over 500 American jobs and developed more than 50 new medical devices that saved and improved lives. But in 2011, the federal government threatened to destroy his company and put Howard behind bars for years. Why? Federal prosecutors had been sold a bill of goods – a tall tale peddled by a money-hungry ex-employee out for revenge. All over one device. A device that never harmed a single patient and made up less than 1% of the company s sales. The investigation revealed the charges to be baseless, but the scalp-hunting prosecutors didn't back off. Instead they dug in – threatening witnesses, misleading grand juries, and strategically leaking secret documents. Whatever it took to pressure a headline-grabbing settlement. Howard Root stood up to the shakedown. Five years, 121 attorneys and $25 million in legal fees later, his life's work and freedom rested in the hands of 12 strangers in a San Antonio jury room. Would Howard and his company be vindicated by the verdict, or had he made the biggest mistake of his life by challenging the federal government? Cardiac Arrest is the eye-opening true story of life on the Feds' hit-list, told from the desk of a CEO who decided to fight back. Follow Howard from the boardroom to the courtroom, as he tells the inside story of the case that sparked outrage in the pages of The Wall Street Journal and triggered a congressional investigation.
- GenresNonfictionPolitics
364 pages, Paperback
First published December 15, 2016
31 people are currently reading
316 people want to read
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Displaying 1 - 15 of 15 reviews
March 3, 2017
This book was recommended by one of my favorite blog sites powerlineblog.com. http://bit.ly/2mkrfrV At the time there were only a handful of reviews, but each of them stated they could not put this book down. That was my experience--I read it in two sittings.
It is a passionate, real-life experience of one man with the US government against him. The story involves business/entrepreneurship, medicine (to some degree) and law--very much law. Howard Root is charged with violating a rule, which becomes a felony criminal charge. Truth is that he nor his company violated a rule, but even if they had it would not have been criminal. None of that mattered to the US Dept of Justice, which pursued him for 5 years.
Root's story is unique in that he and his company stood and fought the charges; most people would compromise and admit to some lesser charge to avoid the time, cost and aggravation. This fight involved approximately 100 attorneys over the 5 years and some $25 million.
The book is rich with humor as Root depicts the character, statements and idiosyncrasies of the many people involved including co-workers, witnesses, attorneys and DOJ staff. He is merciless in some of his depictions. It was also instructive to me how Root took charge of his own defense, not yielding to the recommendations or desires of his highly-paid lawyers, but changing them out when he was dissatisfied, holding them to their commitments and directing their efforts. I suppose this comes from his role and experience as a corporate CEO.
A great read.
It is a passionate, real-life experience of one man with the US government against him. The story involves business/entrepreneurship, medicine (to some degree) and law--very much law. Howard Root is charged with violating a rule, which becomes a felony criminal charge. Truth is that he nor his company violated a rule, but even if they had it would not have been criminal. None of that mattered to the US Dept of Justice, which pursued him for 5 years.
Root's story is unique in that he and his company stood and fought the charges; most people would compromise and admit to some lesser charge to avoid the time, cost and aggravation. This fight involved approximately 100 attorneys over the 5 years and some $25 million.
The book is rich with humor as Root depicts the character, statements and idiosyncrasies of the many people involved including co-workers, witnesses, attorneys and DOJ staff. He is merciless in some of his depictions. It was also instructive to me how Root took charge of his own defense, not yielding to the recommendations or desires of his highly-paid lawyers, but changing them out when he was dissatisfied, holding them to their commitments and directing their efforts. I suppose this comes from his role and experience as a corporate CEO.
A great read.
March 10, 2017
I won this book in a goodreads drawing.
The CEO of a medical device company is charged by the government with a crime that was never committed. Upon investigation, the government knew the crime was not committed, but they continued to pursue the poor guy anyway, under political pressure from the top. The guy spent millions defending himself, and the company took a hit from the bad publicity.
Meanwhile the government attorneys involved didn't suffer at all for their mendacity.
Frightening and Kafka-esque, despite happening in real life.
The CEO of a medical device company is charged by the government with a crime that was never committed. Upon investigation, the government knew the crime was not committed, but they continued to pursue the poor guy anyway, under political pressure from the top. The guy spent millions defending himself, and the company took a hit from the bad publicity.
Meanwhile the government attorneys involved didn't suffer at all for their mendacity.
Frightening and Kafka-esque, despite happening in real life.
July 13, 2023
For a true story it’s amazing how it read like a novel. Sure got me thinking about our judicial system. Alternate juror #1 pretty much summed up my own thoughts.
Thank you Mr Howard Root for sharing your story. I would enjoy reading a follow up to your next accomplishments in a few years.
Thank you Mr Howard Root for sharing your story. I would enjoy reading a follow up to your next accomplishments in a few years.
December 13, 2017
Fascinating look at the legal system in America which is way beyond broken along with government agencies which operate more like the Gestapo than the law enforcement that our forefathers wanted for us. 100 years from now people will read about the persecution of Howard Root and exclaim "so this is where it all started." After 37 years in the healthcare business I can tell you that it's the FDA that is a primary cause of America's healthcare ranked 16th in the world. Cardiac Arrest will frustrate you, it may even cause you to doubt some of it. But, believe me, it's true. Kudos in spades to Mr. Root, who stood up to the dishonest and vitriolic powers (albeit at a cost of $25M in legal fees) and refused to buckle in spite of overwhelming odds.
August 17, 2023
Biased Narrative. I understand it was his personal reflection and personal experience but there was zero attempt to explain both sides of the story. Even the descriptions of the jury reacting were clearly embellished as the jury seemed to always lean forward during the defense arguments and always seemed to scoff at the prosecution. The closing argument was a great example where he didn’t quote the prosecutor while quoted his defense attorney verbatim. Another example of this was when he took over explaining what happened to his former employee instead of letting his testimony explain.
Government Overreach. The overall point of the novel, as I understand it, is that the government (specifically the Justice Department) does not allow free markets to become fully efficient because they interrupt the process and halt an efficient market. The issue with this is that the Justice Department has a 91% conviction rate (as quoted by Root himself), which seems like they are catching plenty of criminals. Now, Root’s argument is that the Justice Department uses intimidation tactics to force innocent people to plead down to a lesser charge. You can spin this however you want.
Indictments. I do agree with Root’s point about indictments. He suggests that there should be some push back during the process so that indictments aren’t as easy to get and can help weed out some of the overreach. It’s hard to believe his constant claims of prosecutorial misconduct (including the judge) because his own bias makes it hard to understand if anything he says is factual.
Goodbye, Minnesota. Post book, Howard wrote an opinion piece on how he’s leaving his boyhood state of Minnesota to live in the tax-free haven of Florida. His opinion is riddled with dog whistles and fear mongering and we are supposed to lament the loss as he takes his millions and lives in Florida. Good riddance to be honest.
“But it imbues relatively low-level employees almost unthinkable power, then drops them into an environment that incentivizes rule-breaking, and compounds that problem by protecting those who do.”
Government Overreach. The overall point of the novel, as I understand it, is that the government (specifically the Justice Department) does not allow free markets to become fully efficient because they interrupt the process and halt an efficient market. The issue with this is that the Justice Department has a 91% conviction rate (as quoted by Root himself), which seems like they are catching plenty of criminals. Now, Root’s argument is that the Justice Department uses intimidation tactics to force innocent people to plead down to a lesser charge. You can spin this however you want.
Indictments. I do agree with Root’s point about indictments. He suggests that there should be some push back during the process so that indictments aren’t as easy to get and can help weed out some of the overreach. It’s hard to believe his constant claims of prosecutorial misconduct (including the judge) because his own bias makes it hard to understand if anything he says is factual.
Goodbye, Minnesota. Post book, Howard wrote an opinion piece on how he’s leaving his boyhood state of Minnesota to live in the tax-free haven of Florida. His opinion is riddled with dog whistles and fear mongering and we are supposed to lament the loss as he takes his millions and lives in Florida. Good riddance to be honest.
“But it imbues relatively low-level employees almost unthinkable power, then drops them into an environment that incentivizes rule-breaking, and compounds that problem by protecting those who do.”
This entire review has been hidden because of spoilers.
May 16, 2024
The book is more about the American legal process than the medical device industry. I appreciated the connection it drew between the law and enforcing FDA and regulations.
The book is based on an indication interpretation that was qualified by the government as “mislabeling” and should not have been marketed in this way. So no “off-label” promotion, although doctors are of course allowed to use outside the indication. The whole case is based on the fact that a few sales reps did market it and the CEO was held responsible.
After 5 years and 25 million $, the medical device company won the case because
- FDA experts testified that the indication could have been interpreted differently
- There were multiple trainings and memos not to promote it under the alleged "off-label" indication until clinical studies were completed
- That off-label education is different from promotion
- The clinical studies required by the FDA were carried out, nobody was harmed and the product only accounted for 0.1% of sales and the product line. So not even a significant product for the company.
The book was well-written, insightful, and not too dry even though the subject matter was a legal process. It was interesting to see how facts can be open to interpretation, the importance of jury selection and "emotions" being translated through a process.
I take away that nobody gets it always right and that "getting it right" is open to interpretation anyway.
The book is based on an indication interpretation that was qualified by the government as “mislabeling” and should not have been marketed in this way. So no “off-label” promotion, although doctors are of course allowed to use outside the indication. The whole case is based on the fact that a few sales reps did market it and the CEO was held responsible.
After 5 years and 25 million $, the medical device company won the case because
- FDA experts testified that the indication could have been interpreted differently
- There were multiple trainings and memos not to promote it under the alleged "off-label" indication until clinical studies were completed
- That off-label education is different from promotion
- The clinical studies required by the FDA were carried out, nobody was harmed and the product only accounted for 0.1% of sales and the product line. So not even a significant product for the company.
The book was well-written, insightful, and not too dry even though the subject matter was a legal process. It was interesting to see how facts can be open to interpretation, the importance of jury selection and "emotions" being translated through a process.
I take away that nobody gets it always right and that "getting it right" is open to interpretation anyway.
This entire review has been hidden because of spoilers.
October 24, 2020
This is the story of Vascular Solutions (VSI), a med device company in Minnesota that makes (among others) a product that treats varicose veins. It is also the story of Howard Root, the CEO and founder of VSI and the five years he spent at the hands of the US Government (FDA) and lawyers after being accused of mis-branding the product. Essentially, the government accused Howard and his company of ten counts of fraud and off-label use of the product. Off-label use is what it sounds like - promoting a med device for use(s) for which it is not indicated to be used for.
It is well-written and on point - telling his story with humor interjected with the legalese. In areas, he uses verbatim transcripts from his trial, along with photos he took along the way. I received this book from the author directly after he came to speak to my company, another medical device company.
It is well-written and on point - telling his story with humor interjected with the legalese. In areas, he uses verbatim transcripts from his trial, along with photos he took along the way. I received this book from the author directly after he came to speak to my company, another medical device company.
May 14, 2019
Must read for every person who believes in our system of Justice
This book is well written, riveting and frighteningly true. We have a DOJ that is out of control at many levels and a system that is more about winning and cares nothing about finding out the truth. What is scariest it that unless you or a close friend or relative have faced it you believe that it is working. You are wrong and it is the biggest threat to our country that we have. Who will prosecute the prosecutors who will try the system of justice?
This book is well written, riveting and frighteningly true. We have a DOJ that is out of control at many levels and a system that is more about winning and cares nothing about finding out the truth. What is scariest it that unless you or a close friend or relative have faced it you believe that it is working. You are wrong and it is the biggest threat to our country that we have. Who will prosecute the prosecutors who will try the system of justice?
September 21, 2017
My venture firm OVP Venture Partners was the first institutional investor in VSI. Howard is a spectacular CEO. He was the vision and built a terrific culture of honesty and integrity at VSI. The very fact that this would EVER happen to him and VSI is SHOCKING to me. What a story and is it ever well told. Knowing Having known him personally for years, it truly is his voice. HIGHLY RECOMMENDED!
September 4, 2018
Don't often spend $20 on a paperback. But after watching a book review with the author telling his personal experience with Big Government's abuse I had to have a copy. It is an ugly store of our Government and it Evil Intentions ( on occasion ). ONE Of MY BEST PURCHASES ! more later
Have finished and hope any Liberal American who believes in absolute Goodness of Government should read this. It tells of a fund raising process some of our government uses against Not-Guilty Companies and People. Author's company had 2 spend over $25,000,000 in legal fees defending against trumped-up charges. He faced years in prison over a company selling legal medical devices. He gives figures of how ( oh just get or borrow a copy. time well spent )
Have finished and hope any Liberal American who believes in absolute Goodness of Government should read this. It tells of a fund raising process some of our government uses against Not-Guilty Companies and People. Author's company had 2 spend over $25,000,000 in legal fees defending against trumped-up charges. He faced years in prison over a company selling legal medical devices. He gives figures of how ( oh just get or borrow a copy. time well spent )
April 25, 2018
Loved the format of this book. What a story. Well writtern with little bias and pretty objective. I think every small business owner could appreciate the struggle and the emotion the CEO goes through.
January 13, 2020
This book is a critical insight to the injustices served by the DOJ. I know someone else's company going through a very similar experience and it's beyond disgusting, immoral, unethical and a travesty against our country's doctrine "innocent until proven guilty".
August 12, 2017
scary to think the gov could run unchecked like this. how can a good ceo/company be squeezed for 25 mil. with decent DOJ lawyers, this fine company might have been destroyed.
September 27, 2019
An important and extremely well told story
August 24, 2018
The saga of U.S. v. Howard Root reveals the Good, the Bad, and the Ugly of white collar litigation.
The Good: The D.C. office of King and Spalding, which took over Mr. Root & Co.'s case after the grand jury indictment and achieved a complete acquittal on all charges, rescued Root from prison and his 600 employees from unemployment. This book explains why wealthy corporate clients willingly dole out millions to BigLaw firms for bet-the-company litigation: the superb quality of work they can provide. Mr. Root's retelling of the brilliant work of trial lawyers like Michael Pauze (particularly his opening and closing arguments to the jury) gave me insight as a newly-minted lawyer into what the pinnacle of persuasive advocacy looks like.
The Bad: The BigLaw attorneys who represented Mr. Root prior to trial do not come out of this tale with their reputations intact. Because Howard Root was an associate at firms like Dorsey & Whitney, he had unique insight into the many methods BigLaw attorneys use to overbill and generally ripoff their clients during pretrial motions and discovery. Howard took an active and knowledgeable role in his defense, which was not the case in the previous white collar litigation book I read, A Matter of Principle.
The Ugly: The conduct of DOJ prosecutors in this litigation was disgraceful (but apparently not atypical) and calls for congressional reform of the current system of institutionalized witch-hunting. Prosecutors are systematically abusing our broken regime to blackmail false testimonies and guilty pleas. As Nassim Taleb would say, prosecutors are bureaucrats with no skin in the game, and this needs to change.
The Good: The D.C. office of King and Spalding, which took over Mr. Root & Co.'s case after the grand jury indictment and achieved a complete acquittal on all charges, rescued Root from prison and his 600 employees from unemployment. This book explains why wealthy corporate clients willingly dole out millions to BigLaw firms for bet-the-company litigation: the superb quality of work they can provide. Mr. Root's retelling of the brilliant work of trial lawyers like Michael Pauze (particularly his opening and closing arguments to the jury) gave me insight as a newly-minted lawyer into what the pinnacle of persuasive advocacy looks like.
The Bad: The BigLaw attorneys who represented Mr. Root prior to trial do not come out of this tale with their reputations intact. Because Howard Root was an associate at firms like Dorsey & Whitney, he had unique insight into the many methods BigLaw attorneys use to overbill and generally ripoff their clients during pretrial motions and discovery. Howard took an active and knowledgeable role in his defense, which was not the case in the previous white collar litigation book I read, A Matter of Principle.
The Ugly: The conduct of DOJ prosecutors in this litigation was disgraceful (but apparently not atypical) and calls for congressional reform of the current system of institutionalized witch-hunting. Prosecutors are systematically abusing our broken regime to blackmail false testimonies and guilty pleas. As Nassim Taleb would say, prosecutors are bureaucrats with no skin in the game, and this needs to change.
Displaying 1 - 15 of 15 reviews