DOJ Aims Torpedo At 11 FCA Kickback Suits

By Jeff Overley (December 18, 2018, 10:07 PM EST) -- In a striking development, the U.S. Department of Justice is seeking to terminate 11 False Claims Act cases involving a new theory that patient assistance services supplied by drugmakers are unlawful kickbacks.

In a motion filed Monday in Texas federal court, the DOJ said it plans to dismiss 11 "essentially cloned" complaints that were brought against numerous drugmakers with backing from the National Healthcare Analysis Group, a relatively new company that specializes in generating FCA cases. Similar motions were filed in related cases around the country.

The government's remarkable move elicited a furious response on Tuesday from the NHCA Group, which...

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