EyePoint, Inc. disclosed in an 8-K filing that it has entered into a settlement agreement with the U.S. Department of Justice to resolve civil allegations that the company violated the False Claims Act and related laws in connection with its sales and marketing of DEXYCU, an injectable drug used to treat ocular inflammation following cataract surgery.
The settlement, dated July 17, 2026, resolves claims that EyePoint paid improper kickbacks to certain ambulatory service centers (ASCs) to induce those centers to purchase and dispense DEXYCU between January 2019 and March 2023. The company commercialized DEXYCU from 2019 to 2023. A parallel announcement from the DOJ’s Office of Public Affairs confirmed the settlement amount and the nature of the allegations, noting that the government alleged EyePoint implemented an assurance program designed to influence ASC purchasing decisions.
Financial terms and scope of the release
Under the settlement agreement, EyePoint will pay a total of $4,678,981.86, plus interest at 4.25% per annum accruing from January 28, 2026. Of that amount, approximately $4.66 million goes to the United States, while roughly $21,500 will be paid to certain participating states. The company must make these payments within 14 days of the effective date. EyePoint also agreed to pay $166,500 in attorneys’ fees and costs to the relator’s counsel within 60 days. The company stated it intends to use cash on hand to cover the payments. As of March 31, 2026, EyePoint reported $223 million in cash and investments.
The settlement does not constitute an admission of liability by EyePoint. In exchange for the payment, the DOJ, the HHS Office of Inspector General, the Defense Health Agency (acting on behalf of the TRICARE program), and the relator have agreed to release the company from civil and administrative monetary liability arising from the covered conduct. The relator’s civil action will also be dismissed.
Five-year corporate integrity agreement
Alongside the financial settlement, EyePoint entered into a Corporate Integrity Agreement with the HHS Office of Inspector General, effective July 13, 2026. The agreement imposes a range of compliance obligations on the company for a five-year term. EyePoint must maintain a compliance officer and compliance committee, provide board-level oversight of federal healthcare compliance matters, retain a board compliance expert, deliver management certifications and compliance training, and establish written policies and procedures to meet federal healthcare program requirements.
The company must also engage an independent review organization, screen employees to ensure they are not barred from participating in federal health care programs, and implement a risk assessment and internal review process. In return, the OIG agreed not to seek exclusion of EyePoint from Medicare, Medicaid, or other federal health care programs as a result of the covered conduct. Failure to comply with the agreement could lead to monetary penalties or exclusion from those programs.
EyePoint characterized the settlement as a way to avoid the uncertainty and expense of protracted litigation. The company’s core business now focuses on developing therapeutics for serious retinal diseases, with Phase 3 trials in wet age-related macular degeneration and diabetic macular edema underway.