4th Circ. Backs Dismissal of Takeda Whistleblower Suit

Law360, Los Angeles (January 11, 2013, 7:42 PM EST) -- The Fourth Circuit on Friday ruled that a Takeda Pharmaceuticals North America Inc. sales leader could not proceed with his whistleblower lawsuit against the pharmaceutical giant accusing it of allowing off-label use to overbill Medicare for a stomach acid drug because his thrice-amended complaint failed to allege specific violations of the False Claims Act.

In a 17-page decision, the a three-judge panel unanimously ruled that Nathan’s allegations concerning the promotion of Kapidex to doctors fell “far short of the pleading standards” set by the Federal Rules...
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