DaVita Inks $55 Million Settlement In Epogen FCA Suit

Law360, New York (July 3, 2012, 11:58 AM EDT) -- Kidney care provider DaVita Inc. said Monday it had reached a $55 million settlement agreement in a qui tam False Claims Act suit alleging it fraudulently billed the federal government for free supplies of Amgen Inc.'s anemia drug Epogen.

The lawsuit was filed in 2002 in the Eastern District of Texas by former Amgen employee Ivey Woodard. He claimed DaVita was administering so-called overfill — an extra quantity of a drug in each vial, required by law to ensure full doses are given — of Epogen to patients and fraudulently seeking reimbursement from Medicare for the overfill.

DaVita said it admitted...

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