FCA Alert

FCA Alert

Tag Archives: FDA

Can The Government’s False Claims Act Suit for Defective Cardiac Devices Against Boston Scientific & Guidant Survive A Motion To Dismiss?

Posted in Articles, Settlements
On January 27, 2011, the United States filed its complaint-in-intervention in United States ex rel. Allen v. Guidant LLC et al. (including Boston Scientific), Case No. 0:11-cv-00022 (D. Minn.). The Guidant case involves the events surrounding medical device manufacturer Guidant’s recall of the Prizm 2 and Contak Renewal 1 and 2 cardiac devices in June… Continue Reading

Texas Court Dismisses Off-Label Device Marketing FCA Case

Posted in Decisions Interpreting FCA Elements
A federal district court in the Southern District of Texas recently dismissed a qui tam False Claims Act complaint against Medtronic alleging improper off-label marketing.  See United States ex rel. Bennett v. Medtronic, Inc., No. H-08-3408 (S.D. Tex. Sept. 30, 2010).  Following a recent spate of high-dollar settlements of off-label marketing cases, the court’s decision applies… Continue Reading

Former Teammate Brings FCA Case Against Lance Armstrong

Posted in Investigations
Can an athlete who has used performance enhancing drugs face FCA liability? A court somewhere in this country may soon face that question, according to the Wall Street Journal and the New York Daily News, which reported last week that 2006 Tour de France winner Floyd Landis has filed a False Claims Act suit against his… Continue Reading

Tennessee Court Dismisses Retaliatory Discharge Claim under FCA

Posted in Retaliatory Discharge
On August 9, 2010, the District Court for the Middle District of Tennessee in Smith v. C.R. Bard, Inc., Civil Action Number 3-09-0139, dismissed a claim alleging wrongful discharge in retaliation for actions taken in furtherance of an FCA claim, holding that plaintiff had failed to show that his actions were "sufficiently connected to exposing… Continue Reading