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Category Archives: False Claims Act

August 17

Biogen to Pay $900 Million to Settle Sham Speaker Program Allegations

On July 20, 2022, Biogen, Inc. (“Biogen” or the “Company”), formerly known as Biogen Idec, Inc., agreed to pay $900 million to resolve allegations that the Company violated the federal Anti-Kickback Statute (“AKS”) and False Claims Act (“FCA”) by paying physicians to prescribe its Multiple Sclerosis (“MS”) drugs. After a decade of litigation, the parties agreed to settle just one week before trial was set to begin. The FCA allows…

August 01

Whistleblowers, False Claims Act

SCOTUS To Review DOJ Authority In FCA Whistleblower Lawsuit

On June 21, 2022, the Supreme Court of the United States granted certiorari in Polansky v. Executive Health Resources, a False Claims Act (“FCA”) lawsuit appealed to the Third Circuit after the District Court dismissed at the request of the government. The Supreme Court’s decision is anticipated to resolve a split among the circuit courts of appeal regarding the legal standard applicable when the Department of Justice (“DOJ”) moves to…

June 27

False Claims Act, Whistleblowers

Arizona Court Rejects Defendants’ Bid for Summary Judgment in Summit Center Kickbacks Case

On June 15, 2022, a Federal Judge in the United States District Court for the District of Arizona ruled that a lawsuit concerning illegal kickbacks to physicians was fit to proceed, denying Defendants’ attempt to defeat the legal action. The whistleblower lawsuit alleges that Northern Arizona Healthcare Corporation (“NAHC”), Northern Arizona Orthopedic Surgery Center, LLC, and Flagstaff Medical Center, Inc. (together, “Defendants”), which collectively operate healthcare facilities throughout northern Arizona,…

July 01

Class Action, False Claims Act, FCA Qui Tam, Whistleblowers

Novartis Pays Over $642 Million to Settle FCA Allegations

On July 1, 2020, the Department of Justice (“DOJ”) announced that Novartis Pharmaceutical Corporation (“Novartis”), a New Jersey-based pharmaceutical company, agreed to pay over $642 million in separate to resolve alleged violation of the False Claims Act (“FCA”), 31 U.S.C. §§ 3729–3733. The settlement resolves allegations that Novartis made improperly payments to Medicare patients and prescribing physicians to promote Novartis's drugs, Gilenya and Afinitor. The FCA allows private citizens (known…

January 06

Class Action, False Claims Act, FCA Qui Tam, Whistleblowers

Teva Agrees to $54 Million Settlement to Resolve FCA Whistleblower Suit

On January 6, 2020, Teva Pharmaceuticals agreed to a $54 million settlement to resolve a False Claims Act action brought against Teva Pharmaceuticals USA, Inc., Teva Neuroscience, Inc., and Teva Sales and Marketing, Inc. (collectively “Teva”). The settlement resolves allegations that Teva violated the False Claims Act and the Anti-Kickback Statute by using speaker events to bribe doctors to prescribe two of its drugs, Copaxone and Azilect. The False Claims…

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