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More federal qui tam cases filed in 2011 than ever before

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • December 19 2011

According to a press release issued today by the Department of Justice, 638 new whisteblower complaints under the qui tam provisions of the federal False Claims Act were filed under seal in fiscal year 2011, representing a peak in such filings over prior years

Falsity and the FCA: the First Circuit's Blackstone and Amgen decisions (Part II)

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • August 1 2011

In United States ex rel. Hutcheson et al. v. Blackstone Medical, Inc., 2011 WL 2150191 (1st Cir. June 1, 2011), the relator, a former regional sales manager for Blackstone Medical, Inc., filed a qui tam action against the medical device manufacturer alleging that it violated the federal FCA

Seventh Circuit reverses dismissal based on public disclosure bar

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • February 28 2011

On February 18, 2011, the Seventh Circuit issued a decision concerning the pre-PPACA version of the public disclosure bar under the False Claims Act

Can a manufacturer be held liable under the False Claims Act if it delivers defective medical devices to the government?

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • November 17 2010

Since the mid-late 1990s, plaintiffs have been testing the limits of the False Claims Act in health care litigation and have been asserting increasingly creative and far-fetched theories of liability against drug and device companies for various types of alleged conduct, including deceptive marketing practices, off-label marketing, failure to pay the appropriate Medicaid rebate, and inflated published prices