US Calls OxyContin FCA Suit 'Parasitic'

Law360, New York (January 18, 2013, 1:12 PM EST) -- The federal government asked the Fourth Circuit on Wednesday to dismiss a qui tam lawsuit accusing Purdue Pharma LP of falsely marketing painkiller OxyContin, arguing it was a "parasitic follow-on lawsuit" that threatened the integrity of the False Claims Act.

Although a West Virginia federal court had dismissed the suit under the res judicata doctrine — because one of the relators had filed a nearly identical lawsuit that the Fourth Circuit dismissed in 2005 — the U.S. government said the appeals court should affirm the dismissal...
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