3rd Circ. Tosses False Claims Suit Against Organon

Law360, New York (February 3, 2010, 3:30 PM EST) -- A federal appeals court has thrown out a doctor's suit alleging Organon Inc. made false claims to Medicare and Medicaid programs when it failed to disclose the harmful effects of the anesthetic Raplon, which was withdrawn from the U.S. market in 2001.

A three-judge panel in the U.S. Court of Appeals for the Third Circuit on Tuesday affirmed a district court's dismissal of Dr. Jeffrey D. Feldstein's qui tam action for lack of jurisdiction.

Because Feldstein’s allegations were based upon public disclosures, the district court lacked...
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