Abiomed Escapes FCA Whistleblower's Retaliation Claim

Law360 (March 25, 2020, 2:58 PM EDT) -- A former Abiomed employee whose kickback allegations against the medical device maker sparked a $3.1 million False Claims Act settlement failed to convince a federal judge that his firing was in retaliation for protected activity under the law.

U.S. District Judge Indira Talwani on Tuesday granted summary judgment for Abiomed Inc., agreeing that the real reason it fired Max Bennett was his dishonesty about being dismissed from his previous job at another medical device firm, Biotronik Inc.

"Bennett has provided no evidence of protected activity and no evidence from which a reasonable jury could find that he was fired as a...

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