1st Circ. Revives Qui Tam Claims Over Procrit AWP

Law360, New York (August 12, 2009, 8:30 PM EDT) -- A federal appeals court has revived part of a whistleblower suit alleging Ortho Biotech Products LP inflated the average wholesale price of the anemia drug Procrit, spurring sales to medical providers with the prospect of kickbacks in the form of lucrative reimbursements from Medicare.

Judges Juan Torruella, Eugene Siler and Jeffrey Howard of the U.S. Court of Appeals for the First Circuit affirmed much of the lower court’s dismissal of the qui tam claims Wednesday but reversed on the kickback allegations put forward by one of...
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