On August 29, 2022, Nathan C. Zipperian of Miller Shah LLP (www.millershah.com), counsel for Plaintiff-Relator, Gregory Kuzma (โRelatorโ) announced Northern Arizona Healthcare (โNAHCโ), Flagstaff Medical Center (โFMCโ), and Health First Foundation - Northern Arizona (formerly Northern Arizona Healthcare Foundation) (โNAHFโ) (collectively, โDefendantsโ) agreed to pay a total of $4.5 million to settle a lawsuit alleging that a 2017 Medicaid Disproportionate Share Hospital (โDSHโ) payment of approximately $4.775 million to FMC…
On July 20, 2022, Biogen, Inc. (โBiogenโ or the โCompanyโ), formerly known as Biogen Idec, Inc., agreed to pay $900 million to resolve allegations that the Company violated the federal Anti-Kickback Statute (โAKSโ) and False Claims Act (โFCAโ) by paying physicians to prescribe its Multiple Sclerosis (โMSโ) drugs. After a decade of litigation, the parties agreed to settle just one week before trial was set to begin. The FCA allows…
On June 21, 2022, the Supreme Court of the United States granted certiorari in Polansky v. Executive Health Resources, a False Claims Act (โFCAโ) lawsuit appealed to the Third Circuit after the District Court dismissed at the request of the government. The Supreme Courtโs decision is anticipated to resolve a split among the circuit courts of appeal regarding the legal standard applicable when the Department of Justice (โDOJโ) moves to…
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 Defendantsโ attempt to defeat the legal action. The whistleblower lawsuit alleges that Northern Arizona Healthcare Corporation (โNAHCโ), Northern Arizona Orthopedic Surgery Center, LLC, and Flagstaff Medical Center, Inc. (together, โDefendantsโ), which collectively operate healthcare facilities throughout northern Arizona,…
On July 1, 2020, the Department of Justice (โDOJโ) announced that Novartis Pharmaceutical Corporation (โNovartisโ), a New Jersey-based pharmaceutical company, agreed to pay over $642 million in separate to resolve alleged violation of the False Claims Act (โFCAโ), 31 U.S.C. ยงยง 3729โ3733. 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…
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 โTevaโ). 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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