Organon Whistleblowers Acted As Law Expects, 1st Circ. Says

Law360, Boston (September 10, 2019, 6:55 PM EDT) -- The First Circuit suggested Tuesday that an Organon USA Inc. worker behaved exactly as Congress would expect under the False Claims Act by alerting authorities to a kickback scheme between his company and pharmacy chain PharMerica Corp., as the panel heard a bid to revive a 12-year-old whistleblower suit.

The relators told the panel a federal judge was wrong to say they were not direct sources of information to the government about the scheme, which also allegedly involved Omnicare Inc., another long-term care pharmacy provider. The two Organon employees received eight-figure settlements from their company and Omnicare, but PharMerica escaped its...

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