8th Circ. Revives DOD Fraud Claims In Bayer FCA Suit
By Stewart Bishop
Law360, New York (October 15, 2013, 3:25 PM ET) -- The Eighth Circuit on Tuesday revived a False Claims Act suit alleging Bayer AG misled the U.S. Department of Defense about the risks of its now-defunct cholesterol-lowering drug Baycol, finding the DOD allegations were properly brought under the fraud-in-the-inducement theory.
A divided panel for the appeals court held that former Bayer senior market research analyst Laurie Simpson's accusations that Bayer fraudulently induced the DOD to enter into a roughly $11.9 million contract extension for the purchase of Baycol sufficiently identified the “who, what, where, when and...