PharMerica FCA Decision Is A Win For Statutory Interpretation

By David Lieberman and Erica Hitchings (March 2, 2020, 4:14 PM EST) -- On Feb. 19, the U.S. Court of Appeals for the First Circuit issued a decision in U.S. ex rel. Banigan & Templin v. PharMerica Inc., a long-running False Claims Act suit.[1] The plaintiffs allege that PharMerica, one of the largest long-term care pharmacy companies in the U.S., illegally used kickbacks to induce nursing homes to purchase its drugs.

As detailed below, the First Circuit's decision delivers an immediate victory to the whistleblower who may now pursue his claims, over 12 years after the initial complaint was filed. As such, it is also a victory for the federal government and taxpayers, on...

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