Merck Wants FCA Claim Tossed After Millennium Escapes Suit

By Daniel Wilson (April 3, 2015, 7:19 PM EDT) -- Merck and Co. Inc. on Friday asked a California federal judge to dismiss a whistleblower's False Claims Act allegations regarding off-label promotion of Integrilin and kickbacks, saying the judge's grounds for dismissing similar claims against Millennium Pharmaceuticals Inc. were equally applicable to it.

The same FCA public disclosure bar that U.S. District Judge Morrison C. England Jr. had found required him to toss off-label marketing claims brought by relator Frank Solis against Millennium over its marketing of the blood thinner should similarly apply to effectively identical claims against Merck and its predecessor Schering-Plough Corp., the company argued.

"The analysis set forth...

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