Medtronic Escapes Fraud Claims In Whistleblower Suit

Law360, Los Angeles (July 27, 2011, 10:34 PM EDT) -- A Massachusetts federal judge on Wednesday threw out two whistleblowers' False Claims Act fraud allegations against Medtronic Inc. accusing it of promoting biliary stents for off-label use, but preserved one former employee’s retaliation claims.

In an exhaustive 107-page decision, U.S. District Judge Douglas P. Woodlock ruled that the qui tam lawsuit’s central allegations of fraud under the FCA failed to meet the heightened pleading standard for particularity required of such claims under federal law.

The ruling marks a victory for Medtronic, which faced two dozen FCA...
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