Drug Claims Violate FCA, Ex-Pfizer Exec Tells 1st Circ.

Law360, New York (March 23, 2012, 8:12 PM EDT) -- A former Pfizer Inc. executive urged the First Circuit on Thursday to revive his False Claims Act suit against the drugmaker over its human growth hormone Genotropin, arguing that the disputed Medicaid reimbursement claims were legally false because they were tainted by kickbacks.

The district court dismissed former Vice President Peter Rost's qui tam suit in September 2010 after concluding that the Medicaid claims themselves, submitted by innocent third-party pharmacies, were not necessarily considered fraudulent under a theory of implied certification, even if the drug manufacturer...
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