Novartis Can't Duck Elidel FCA Suit, But Kickback Claims Cut

Law360, New York (June 14, 2013, 4:38 PM EDT) -- A Pennsylvania federal judge on Thursday refused to dismiss a former Novartis Pharmaceuticals Corp. employee's whistleblower lawsuit, which accuses the drugmaker of ripping off Medicaid by promoting off-label uses of eczema treatment Elidel, but stripped anti-kickback claims from the suit.

Judge Gene E.K. Pratter rejected most of Novartis's 295-page motion to dismiss, but agreed that claims based on kickback allegations could not survive based on the first-to-file rule. As a whole, the decision allows former Novartis senior sales consultant Donald R. Galmines to proceed with his...
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