2nd Circ. Affirms Dismissal Of FCA Suit Against Amgen

By John Kennedy (December 18, 2017, 7:33 PM EST) -- A whistleblower claiming Amgen Inc. cost the government billions by falsely advertising quality of life benefits for its anemia biologic Epogen failed to actually identify anything that tricked the government into reimbursing claims for the drug, the Second Circuit said Monday, affirming a lower court's dismissal of the False Claims Act suit.

Even adopting, for argument's sake, relator Dr. Daniel Coyne's interpretation of the Normal Hematocrit Trial — an unfinished Amgen trial that ran from 1993-96 — Coyne couldn't show that any alleged Amgen misrepresentations affected reimbursement decisions made by the Centers for Medicare & Medicaid Services, the three-judge panel said....

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