1st Circ. Ends Takeda FCA Suit But Limits Scope Of Ruling

Law360, New York (December 6, 2013, 8:02 PM EST) -- The First Circuit on Friday tossed a whistleblower's closely watched False Claims Act suit accusing Takeda Pharmaceutical Co. Ltd. of defrauding Medicare by concealing drug risks, finding insufficient specifics but declining to endorse a district court's ruling that such misconduct could never support FCA liability.

The case, brought by onetime Takeda staffer Helen Ge, soared into the spotlight earlier this year when the Obama administration warned that a district judge had overreached by declaring that FCA suits can't be premised on failure to comply with U.S. Food and Drug Administration requirements to report adverse events.

In Friday's decision, the First Circuit...

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