Pfizer, Hospira Beat FCA Suit Over Faulty Infusion Pumps

Law360 (March 15, 2019, 5:34 PM EDT) -- Pfizer Inc. and its Hospira Inc. unit have beat a False Claims Act suit accusing them of silently fixing defects with infusion pumps without telling customers or the U.S. Food and Drug Administration, with an Illinois federal judge saying the whistleblower didn't specifically allege any Medicare fraud.

U.S. District Judge John Robert Blakey on Thursday granted the companies' motion to dismiss because relator Michael Thornton didn't allege that any false claims were submitted to Medicare or Medicaid as a result of Hospira's alleged misconduct. Then, since there was no FCA-protected activity at play, the judge said Hospira didn't retaliate against Thornton...

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