8th Circ. Urged To Reopen Stryker FCA Pain Pump Suit

Law360, New York (September 11, 2013, 1:24 PM EDT) -- A whistleblower in a dismissed False Claims Act suit alleging Stryker Corp. and two others marketed pain pumps for off-label use urged the Eighth Circuit on Tuesday to revive the case, saying a lower court didn't consider public disclosure issues under new Affordable Care Act standards.

In June, U.S. District Judge Ortrie D. Smith squashed the suit, finding that its claims rested largely on publicly disclosed information. But in a brief, orthopedic surgeon and former Stryker consultant Lonnie Paulos said the suit was based on his...
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