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April 5, 2024
Berger Montague Announces that its False Claims Act Whistleblower Case Against CVS Health Will Move Forward to Trial
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March 25, 2024
Berger Montague Announces Opening Of Washington, D.C. Office To Add To Its Growing Complex Litigation Capabilities
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March 11, 2024
Berger Montague Featured in Law.com’s “Litigators of the Week” for its Work in the Elite University Price-Fixing Case
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July 25, 2014 Healthcare Fraud

Pharmaceutical Company Astellas Settles False Claims Act Allegations With States

In an all-too-familiar scenario, pharmaceutical company Astellas, Inc. has agreed to settle all allegations against it involving the anti-fungal medication Mycamine. Earlier this year, the U.S. Department of Justice announced that it had reached an agreement with the company wherein it would remit over $7 million to the government pursuant […]
#False Claims Act #Medicaid Fraud #Off-Label Marketing #Whistleblower
May 2, 2014 Healthcare Fraud

Pharmacy Company Astellas to Pay $7.3 Million in False Claims Act Settlement

The Department of Justice, in concert with several states’ attorneys general, recently announced a settlement against Astellas Pharma U.S., Inc., based in Northbrook, Illinois. The case involved substantial allegations of off-label marketing practices aimed at pediatric federal healthcare patients. As you well know, it is considered a violation of the […]
#FDA #Off-Label Marketing #pharmaceutical company #Whistleblower
April 25, 2014 Healthcare Fraud

Pfizer Unsuccessful in Avoiding Off-Label Marketing False Claims Act Case

In a recent False Claims Act case involving the mental health drug Geodon, Pfizer reportedly lost its bid to have the case dismissed after unsuccessfully arguing, among other claims, that relators failed the “first-to-file” and “public disclosure” requirements contained within the language of the FCA. Specifically, the FCA precludes whistleblowers […]
#Geodon #Healthcare Fraud #Medicaid Fraud #Medicare Fraud #Off-Label Marketing #Pfizer
March 25, 2014 Healthcare Fraud

Off-Label Marketing and the First Amendment: Are Pharmaceutical Companies Protected?

The issue of off-label marketing raises a compelling question as to the relationship between the First Amendment’s protection of free speech and the various federal regulations prohibiting the practice of unlawful marketing of prescription drugs. As a review, off-label marketing occurs when a pharmaceutical company markets its product for use […]
#first amendment rights #Healthcare Fraud #Medicaid Fraud #Medicare Fraud #Off-Label Marketing #pharmaceutical companies
March 13, 2014 False Claims Act Legal News

U.S. Solicitor General Explains the Inapplicability of Rule 9(b) in the False Claims Act

As we reported yesterday, the U.S. Solicitor General, upon request by the Supreme Court, submitted its amicus curiae brief in the hotly-contested False Claims Act case Nathan v. Takeda Pharmaceuticals. As a bit of background, this case involves the practice of off-label marketing, which occurs when a drug company promotes […]
#Federal Rule of Civil Procedure 9(b) #Off-Label Marketing #Rule 9(b) #Whistleblower Lawsuit
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