Judge Tosses FCA Suit Against Medco Health

Law360, New York (October 25, 2010, 3:30 PM EDT) -- A federal judge has thrown out claims alleging that a subsidiary of Medco Health Solutions Inc. violated the False Claims Act through data-keeping measures intended to prevent the government from recognizing overpayments.

Judge Donald Graham, of the U.S. District Court for the Southern District of Florida, dismissed the relators' complaint with prejudice last Thursday, ruling that it did not properly allege fraud under the FCA and that the plaintiffs had not cured the deficiencies of earlier iterations of the lawsuit.

Relators Lucas Matheny and Deborah Loveland,...
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