Allergan Inc. plans to pay $13 million to the federal government and 19 states to end a False Claims Act suit in Pennsylvania that accused the company of shelling out kickbacks to eye doctors to boost sales of its drugs, the whistleblowers’ attorneys said Thursday.
Allergan Inc. asked the Third Circuit on Friday to certify two questions on False Claims Act liability for appeal, hoping to overturn a district court decision finding the company could be held liable despite not having directly billed Medicare and Medicaid.
A Pennsylvania federal judge on Tuesday preserved a whistleblower suit accusing Allergan Inc. of violating the False Claims Act by shelling out kickbacks, rejecting the drugmaker’s argument that it isn’t liable because it didn’t directly bill Medicare and Medicaid.
Whistleblowers on Monday attacked Allergan Inc.’s argument that it can’t face False Claims Act liability for paying kickbacks to doctors because it didn’t directly submit related prescriptions to Medicare, telling a Pennsylvania federal judge that the position would grant sweeping immunity to drugmakers accused of fraud.
The government fired back Monday at Allergan Inc., which argued it cannot be found liable under the False Claims Act for kickbacks it allegedly made because pharmacists submitted the purportedly false claims, telling a Pennsylvania federal court that Allergan's argument contradicts Third Circuit precedent.
A Pennsylvania federal judge was urged during oral arguments Thursday to dismiss a False Claims Act suit accusing Allergan Inc. of giving illegal kickbacks to doctors across the country to boost the drugmaker's eye drug sales.
Global pharmaceutical giant Allergan Inc. gave illegal kickbacks to doctors across the country to boost sales of its eye care drugs, two Philadelphia-based ophthalmologists alleged in a False Claims Act suit unsealed in Pennsylvania federal court Monday.