Omnicare Skirts FCA Suit Over Anti-Psychotics Prescriptions

Law360, New York (August 29, 2012, 7:27 PM EDT) -- A Georgia federal judge on Wednesday threw out a False Claims Act case accusing Omnicare Inc. of charging Medicare for thousands of anti-psychotic-drug prescriptions for allegedly off-label uses or charging without receiving the proper authorization.

U.S. District Judge William S. Duffey Jr. dismissed five of Fox Rx Inc.’s eight counts with prejudice on the grounds that they did not state a claim, and another three without prejudice on the grounds that they were not pled with particularity. Fox is a sponsor of Medicare Part D program...
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