9th Circ. Decision Could Be A Bitter Pill For Pharma Cos.

By David O'Brien, Brian Tully McLaughlin, Jason Crawford and Sarah Hill (August 8, 2017, 6:06 PM EDT) -- Last month, the Ninth Circuit revived a False Claims Act complaint that a lower court had twice dismissed for failure to state a claim. In United States ex rel. Campie v. Gilead Sciences,[1] the Ninth Circuit relied heavily on the U.S. Supreme Court's landmark decision in Universal Health Servs. Inc. v. United States (Escobar)[2] in holding that relators plausibly alleged an FCA violation under several theories of liability and in finding that the alleged violations could be material to the government's decision to pay for HIV drugs manufactured by biopharmaceutical giant Gilead Sciences....

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