J&J Unit Asks Judge To Toss Whistleblower's Retaliation Case

Law360, Boston (April 10, 2017, 3:43 PM EDT) -- Johnson & Johnson unit Acclarent Inc. asked a magistrate judge in Boston on Monday to dismiss a former sales representative’s False Claims Act retaliation case, saying the whistleblower wasn’t actually complaining about false claims submitted to the government when she was fired.

Acclarent, whose ill-fated Stratus sinus spacer led to an $18 million civil settlement and misdemeanor convictions for two former executives, said that Melayna Lokosky raised issues about regulatory violations, not the False Claims Act itself. Because of that, she can’t get whistleblower protections, the company said....
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Case Information

Case Title

United States of America et al v. Acclarent, Inc. et al


Case Number

1:11-cv-11217

Court

Massachusetts

Nature of Suit

Qui Tam (31 U.S.C. ยง 3729(a))

Judge

Donald L. Cabell

Date Filed

July 8, 2011

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