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.

“She never alleges that she said anything about false claims submitted to the government,” Michael...

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