Boston Scientific Says 1st-To-File Rule Bars Kickback Suit

Law360, New York (December 12, 2012, 8:18 PM EST) -- Boston Scientific Corp. told the First Circuit on Tuesday that the False Claims Act’s first-to-file rule precludes a suit alleging it directed a kickback scheme to promote its heart device because of an earlier suit filed by a former employee made similar claims.

The Natick, Mass.-based medical device maker and its unit Guidant LLC, argued that just because the earlier suit had not provided as many details as the suit by relator Heidi Heineman-Guta, the newer suit should not be exempt from rules that prevent a...
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