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'Bundle' Buys Don't Avert FCA Liability, Feds Say In Bayer Suit

Law360 (December 12, 2018, 6:16 PM EST) -- The federal government has weighed in on a whistleblower suit accusing Bayer Corp. of paying kickbacks to get doctors to use a surgery drug called Trasylol, saying the company can still be held liable under the False Claims Act even though the government pays for the drugs as part of a bundle rather than individually.

In a statement of interest Tuesday, the government urged a New Jersey federal court to reject Bayer's argument that its violations of the Anti-Kickback Statute are not material to the government because the alleged kickbacks would not affect the amount the U.S. paid for the drugs....

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August 5, 2005

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