J&J Unit Must Face Whistleblower's Retaliation Case

Law360, New York (September 21, 2017, 1:05 PM EDT) -- A Massachusetts magistrate judge on Wednesday kept alive a former sales representative’s allegations that Acclarent Inc. fired her for questioning the company’s purported submission of false claims to the government, but tossed allegations against parent companies Ethicon Inc. and Johnson & Johnson.

U.S. Magistrate Judge Donald L. Cabell said Melayna Lokosky sufficiently alleged that Acclarent retaliated against her for questioning the sale of its Relieva Stratus MicroFlow Spacer for an off-label use. But the court determined that Johnson & Johnson and its unit Ethicon, which acquired Acclarent in 2009, were not involved with Lokosky’s termination and therefore not liable for Acclarent’s...

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