6th Circ. Backs Ex-B. Braun Worker In Off-Label Drug Case

Law360, New York (December 9, 2011, 4:58 PM EST) -- The Sixth Circuit on Thursday affirmed a lower court's ruling that a former B. Braun Medical Inc. employee had given enough evidence to support her claim that she was fired for refusing to promote its products for unapproved uses or violate federal anti-kickback laws.

In backing the Eastern District of Michigan's award of summary judgment to the plaintiff, the three-judge panel found the Pennsylvania-based medical supplier and manufacturer had failed to demonstrate that Lynn Morrison's evidence did not establish a claim.

The trial had previously gone...
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