Abbott Can't Escape FCA Suit Over Drug Marketing, Kickbacks

Law360, New York (January 31, 2014, 5:03 PM EST) -- A Pennsylvania federal judge refused Thursday to dismiss a former Abbott Laboratories employee’s suit claiming the company submitted false claims to government health programs by pushing its cholesterol drug TriCor for off-label uses and paying kickbacks to physicians.

In a 50-page memorandum, U.S. District Judge C. Darnell Jones II said that relator Amy Bergman “provides myriad details of Abbott’s marketing statements that contradict its FDA-approved label,” rejecting Abbott’s argument that the allegations of its False Claims Act violations are not specific enough to proceed.

Bergman, a former sales representative for Abbott, filed the complaint in September 2009 alleging she and other...

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