Medtronic Says Off-Label Marketing FCA Claims Fall Short

Law360, New York (November 27, 2012, 2:35 PM EST) -- Medtronic Inc. asked a Mississippi federal judge Monday to dismiss a qui tam False Claims Act suit over an alleged kickback scheme to promote off-label use of two of its products and defraud Medicare and Medicaid, saying the relator’s case was based entirely on public information.

According to Medtronic’s motion to dismiss, relator Joanne Hartwig’s allegations are an improper attempt to reap an FCA windfall based on public documents, not on her own original insight, and that her suit is thus barred by law. Hartwig claims...
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