Bayer Can't Sink Whistleblower's Drug Kickback Claims

Law360, New York (September 3, 2013, 1:42 PM EDT) -- A New Jersey federal judge on Friday narrowed a Bayer Corp. whistleblower’s suit over alleged False Claims Act infractions tied to two drugs, tossing claims for violative off-label marketing but not for breaches of federal anti-kickback law.

U.S. District Judge Jose L. Linares determined that former Bayer marketing employee Laurie Simpson had failed to tie the company's alleged regulatory violations regarding heart surgery drug Trasylol and antibiotic Avelox to health care providers' submission of false claims for payment to government programs.

The judge held that government...
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