Mallinckrodt Aims To Nix Medicaid FCA Suit Over Acthar Gel

Law360 (July 13, 2020, 4:08 PM EDT) -- The government is wrongly conflating fraud with a regulatory disagreement, Mallinckrodt ARD LLC told a Massachusetts federal court Monday, urging a judge to toss False Claims Act claims centering on its pricey H.P. Acthar Gel drug, which treats infantile spasms and other conditions.

The U.K.-based company, which acquired the drug when it bought Questcor Pharmaceuticals Inc. in 2014 for $5.6 billion, argued in a motion to dismiss that nowhere in the government's case does it establish that it committed fraud, an essential element of the underlying claim.

The Centers for Medicare & Medicaid Services claim Mallinckrodt has shorted the U.S. government...

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