In United States ex rel. Wood v. Allergan, Inc., the Second Circuit addressed the issue of whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of an action or whether it can be cured by the...more
9/11/2018
/ Allergan Inc ,
Amended Complaints ,
Anti-Kickback Statute ,
False Claims Act (FCA) ,
First-to-File ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Pharmaceutical Industry ,
Prescription Drugs ,
Qui Tam ,
Stark Law
The recent New York Court of Appeals decision in Stega v. New York Downtown Hospital provides strong support for defamation claims arising out of witness testimony in investigations and quasi-judicial hearings....more
In a decision last week that could affect $12 billion that insurers assert is owed by the federal government, the Federal Circuit decided that HHS was not required to pay amounts required by statute because Congress had...more
EDNY Judge Brian Cogan recently addressed the False Claims Act public disclosure bar and original source rule in a decision based on a qui tam Relator’s claims that defendants marketed a test to measure the levels of a...more
A hospital victimized by the sale of adulterated and mislabeled drug products successful obtained a Court order imposing restitution of over $825,000 earlier this month. ...more
The Department of Justice issued two memoranda at the start of 2018 that may have important effects on health care fraud investigations and prosecutions under the False Claims Act.
...more
It’s flu season again. Your PCP at WPMG is thinking of you!
So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more
Last week, in United States v. Scully, the Second Circuit vacated the conviction of a distributor of pharmaceutical products on misbranding charges due to evidentiary issues surrounding his advice-of-counsel defense at trial....more
12/19/2017
/ Advice-of-Counsel Defense ,
Criminal Conspiracy ,
Criminal Convictions ,
Evidence ,
Food and Drug Administration (FDA) ,
Foreign-Made Goods ,
Legal Advice ,
Medical Devices ,
Misbranding ,
Pharmaceutical Industry ,
Prescription Drugs ,
Vacated
False Claims Act whistleblowers expose themselves to significant risks by coming forward and asserting claims of fraud against the government. Often, the whistleblowers, called relators under the False Claims Act, would...more
Trypanophobia—the fear of needles—played a significant role in a case brought against Rite Aid Pharmacy under the Americans with Disabilities Act (ADA). In Stevens v. Rite Aid Corp., the Second Circuit overturned a jury...more
10/17/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Pharmacies ,
Pharmacist ,
Reasonable Accommodation ,
Retaliation ,
Rite Aid ,
Wrongful Termination
The Second Circuit recently agreed to accept an interlocutory appeal to decide the question whether a violation of the False Claims Act’s “first-to-file” rule compels dismissal of the complaint or whether it can be cured by...more
9/5/2017
/ Allergan Inc ,
Anti-Kickback Statute ,
False Claims Act (FCA) ,
First-to-File ,
Healthcare Fraud ,
Interlocutory Appeals ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Qui Tam
Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific alleged false billings or invoices to the government, as long as he can allege facts leading to a strong inference...more
7/31/2017
/ Ambulance Providers ,
False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
FRCP 9(b) ,
Medicaid Reimbursements ,
Pleading Standards ,
Qui Tam ,
Relators ,
Retaliation ,
Whistleblowers
Health care fraud prosecutions in the Second Circuit and throughout the country have typically sought forfeiture money judgments against all defendants for the proceeds of the fraud obtained by all members of a health care...more