5th Circ. Nixes Cardinal Whistleblower's Faulty Pumps Suit

Law360, New York (August 20, 2013, 5:25 PM EDT) -- The Fifth Circuit on Tuesday rejected a whistleblower False Claims Act suit alleging Cardinal Health Inc. sold defective intravenous pumps to government hospitals, saying the amended claims for implied false certification on government contracts and worthless goods were still faulty.

A three-judge panel of the Fifth Circuit affirmed a Texas federal court’s dismissal of relator Leslie Steury’s third amended complaint, saying the former employee who marketed Cardinal’s Signature Edition Infusion device laid out new ambiguous claims, including one that FCA liability hinges on government contractors certifying...
To view the full article, register now.