PharMerica Can't Trim FCA Suit Over Painkiller Prescriptions
Law360, New York (September 4, 2014, 5:12 PM EDT) -- A federal judge on Wednesday denied PharMerica Corp.’s bid to pare down a whistleblower lawsuit accusing the company of violating U.S. drug laws and the False Claims Act by handing out powerful medications without proper prescriptions and then billing Medicare for them.
Rejecting PharMerica's motion to dismiss three of the government's claims, Judge C.N. Clevert Jr. of the U.S. District Court for the Northern District of Illinois found the complaint against PharMerica sufficient under the FCA’s heightened pleading requirements because the Justice Department clearly outlined how the pharmacy allegedly made fraudulent claims that were submitted to the government for payment. The...
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