EyePoint to Pay $4.657M to Resolve DOJ Kickback Claims on DEXYCU

The U.S. Department of Justice announced on July 17, 2026 that EyePoint will pay $4,657,463.18 to resolve False Claims Act allegations that it paid kickbacks to certain Ambulatory Service Centers (ASCs) to induce them to purchase and dispense DEXYCU, an injectable drug approved for ocular inflammation following cataract surgery, between January 1, 2019 and March 1, 2023.

DOJ says the alleged scheme followed DEXYCU’s 2019 commercial launch and worked by combining an “Assurance Program” with what DOJ characterizes as excessive free samples. Under the Assurance Program, DOJ alleges EyePoint would reimburse or compensate ASCs if health insurers denied a claim for DEXYCU or reimbursed DEXYCU below the ASCs’ purchase cost.

DOJ also says the resolution includes a five-year Corporate Integrity Agreement (CIA) with the HHS Office of Inspector General (HHS-OIG). DOJ further notes that the claims resolved by the settlement are allegations only, and there has been no determination of liability.

What DOJ says happened

• An “Assurance Program”, where DOJ alleges EyePoint would reimburse or compensate ASCs if insurers denied DEXYCU claims or reimbursed below the purchase cost.
• Excessive free samples of DEXYCU, DOJ alleges, offered to ASCs.

Why this matters for federal health care costs

Kickback-focused False Claims Act cases are about whether incentives may distort prescribing and dispensing decisions in ways that affect federally funded care. DOJ frames the concern as rising drug and utilization costs for patients and federal health care programs when unlawful kickbacks influence medical decisions.

What to watch next

The most concrete next step is the five-year HHS-OIG CIA. Over that period, compliance oversight and reporting requirements are typically where manufacturers show whether they can change marketing and incentive practices DOJ says were problematic. Beyond the CIA, readers may also want to watch for any additional DOJ action related to similar kickback allegations in federal health care programs.

Sources

• DOJ Office of Public Affairs: EyePoint settlement press release