Pharmaceutical Coalition for Patient Access v. United States of America et al.

  1. January 19, 2024

    Another Loss For Pharma In 'Induce' Kickback Law Challenge

    The pharmaceutical industry lost another round in court in recent days amid a forceful push to narrow enforcement of the Anti-Kickback Statute, leaving the status quo in place for now but generating uncertainty over what's next, experts say.

  2. January 17, 2024

    Pharma Challenge To Advisory Anti-Kickback Opinion Tossed

    A Virginia federal judge on Wednesday rejected a pharmaceutical coalition's push for protection from anti-kickback restrictions, shooting down the group's First Amendment claims and backing up the advisory opinion issued by a federal watchdog agency.

  3. July 24, 2023

    High Court Didn't Shrink Kickback Law's Scope, DOJ Insists

    The U.S. Department of Justice on Monday broke its silence on efforts to wield recent U.S. Supreme Court decisions against a prohibition on health care kickbacks, accusing a drugmaker-backed coalition of twisting the high court's words.

  4. July 14, 2023

    Justices Quietly Added Ammo To Big Pharma's Kickback Blitz

    The pharmaceutical industry's ambitious assault on an increasingly formidable law against health care corruption is suddenly equipped with powerful ammunition in the form of U.S. Supreme Court rulings in seemingly unrelated areas, according to attorneys leading the industry's attack.

  5. April 21, 2023

    Seminal Kickback Rulings Mean 'You're Rarely In A Safe Zone'

    Landmark litigation over quid pro quo payments in health care is forcing providers to walk a fine line between perfectly legal conduct and exposure to "huge monetary penalties" and prison time, a BigLaw veteran and onetime architect of government health fraud protocols told Law360.

  6. April 07, 2023

    'Critically Sensitive' Kickback Issue Hurtles Toward High Court

    U.S. Supreme Court justices will likely scrutinize a new and "compelling" circuit split over evidence the U.S. Department of Justice and whistleblowers must supply in the False Claims Act's vast realm of kickback cases, one of Uncle Sam's longest-serving health fraud watchdogs told Law360.

  7. April 03, 2023

    Ignore Big Pharma's Faux 'Facts,' HHS Says In Kickback Clash

    Drugmakers are skewing basic issues in closely watched litigation over health care kickbacks by presenting "irrelevant material" and "slanted characterizations" as undisputed facts, federal health care officials told a Virginia federal judge on Monday.

  8. March 27, 2023

    How Kickbacks Became King In False Claims Act Litigation

    The transformation of a little-used law against health care kickbacks into a powerful theory of False Claims Act liability has been so successful that enforcement is now spearheaded by a "well-funded" plaintiffs bar that is "in it for the money," a former government lawyer who championed the transformation told Law360.

  9. March 18, 2023

    50 Years In, Industry Has Knives Out For Potent Kickback Law

    After 50 years of existence, the nation's signature statute criminalizing health care corruption faces a moment of truth amid industry-led legal challenges and new circuit splits — an inflection point with clear echoes of the landmark law's turbulent evolution into a formidable fraud fighter, attorneys told Law360.

  10. March 07, 2023

    'Clear Quid Pro Quo': HHS Jeers Big Pharma's Kickback Salvo

    A pharmaceutical industry proposal to subsidize the use of taxpayer-funded drugs "clearly involves quid pro quo exchanges" that the industry itself says are legally problematic, federal health care officials said Tuesday, rebutting a sweeping challenge to kickback enforcement.