Takeda Ruling Could Limit FCA Enforcement, 1st Circ. Hears
By Kurt Orzeck
Law360, Los Angeles (August 2, 2013, 8:26 PM EDT) -- The federal government on Thursday asked the First Circuit to overturn a ruling that Takeda Pharmaceutical Co. Ltd. wasn't liable for failure to tell the U.S. Food and Drug Administration about health complications tied to its drugs, arguing the decision would limit the government's False Claims Act enforcement.
A former Takeda contractor claims in two qui tam suits that the company cost the government billions in overpayments by not reporting the alleged health risks. But a Massachusetts federal judge ruled last year that the potential of the...