FCA First-To-File Rule Sinks Kickback Suit, 1st Circ. Says

Law360, New York (June 3, 2013, 1:22 PM EDT) -- The First Circuit on Friday rejected a bid to revive a whistleblower suit alleging Boston Scientific Corp. offered kickbacks to doctors who pushed its heart devices, saying the False Claims Act’s first-to-file rules apply even when a prior complaint is legally insufficient.

In a case of first impression, the unanimous appeals panel found that a Massachusetts federal court was not wrong to toss plaintiff Heidi Heineman-Guta’s suit against the medical device maker and subsidiary Guidant LLC, even though the previous qui tam action that precluded her...
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