Court Spares Part Of Kickback Suit Against Abbott

Law360, New York (July 16, 2010, 7:13 PM EDT) -- A federal court has thrown out some claims in a False Claims Act suit accusing Abbott Laboratories Inc. of providing doctors with kickbacks to convince them to prescribe the HIV drug Kaletra off-label.

Whistleblower Patrick Carpenter made a poor case for the existence of kickbacks, but the suit will survive because Abbott may have tricked doctors into prescribing the drug for unapproved uses, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts said in an opinion issued Friday.

Abbott had asked...
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