Novartis Seeks Dismissal Of FCA Kickback Claims

Law360, New York (June 16, 2014, 8:27 PM EDT) -- Novartis Pharmaceuticals Corp. asked a New York federal judge on Friday to chuck complaints accusing it of violating the False Claims Act by paying kickbacks to pharmacies, arguing that a whistleblower and the U.S. government failed to allege that the payments influenced physicians.

In two separate dismissal motions, Novartis argued that amended complaints filed by ex-employee David Kester and the federal government must be axed because they fail to allege that purported kickbacks to pharmacies Accredo Health Group Inc., Bioscrip Corp., Curascript Inc. and CVS Caremark Corp. influenced doctors’ decisions to prescribe various Novartis drugs.

“[The FCA] is violated only where...

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