Smith & Nephew Fails To Shake Whistleblower Suit

Law360, New York (November 4, 2010, 6:43 PM EDT) -- Smith & Nephew Inc. has lost a bid to dismiss a former employee's False Claims Act suit accusing the U.K.-based medical device maker of misrepresenting the origin of products it sold to the U.S. government.

Judge Bernice Bouie Donald of the U.S. District Court for the Western District of Tennessee issued an order Thursday rejecting Smith & Nephew's argument that the suit was prohibited under the FCA's public disclosure bar.

The suit accuses Smith & Nephew of selling products it buys from Malaysia to the U.S....
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