Pfizer Beats Medicare Fraud Suit Over Pain Patch Marketing

Law360, New York (March 5, 2013, 5:47 PM EST) -- A Maryland federal judge Tuesday dismissed an employee whistleblower suit alleging a Pfizer Inc. subsidiary overbilled Medicare by marketing its painkilling transdermal patch for off-label uses and offered kickbacks to doctors who prescribed it, citing a recent Fourth Circuit ruling against Takeda Pharmaceuticals NA Inc.

U.S. District Judge Ellen Lipton Hollander said Alpharma Inc. sales representative Jerome Palmieri had failed to sufficiently plead that the company had submitted any false claims to the government tied to alleged false marketing of its Flector Patch, as required by...
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