Medtronic Wants Off-Label Marketing FCA Suit Junked

Law360, New York (January 8, 2013, 3:22 PM EST) -- Medtronic Inc. asked a Massachusetts federal judge Monday to stamp out a whistleblower's False Claims Act suit alleging it provided kickbacks and promoted off-label uses of insulin pumps, saying that even if improper marketing took place, it did not mean Medicare and Medicaid were defrauded.

The devicemaker's motion to dismiss contends that former sales representative Adam Witkin, who filed the complaint last year, failed to identify even a single example of an off-label claim being presented to the government, much less a false claim. Instead, Witkin...
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