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Case Detail


United States ex rel Rost v. Pfizer, Inc
On September 18, 2008, a U.S. District Court in Boston granted in part a motion to dismiss a whistleblower suit filed under the federal False Claims Act (FCA). The decision was a partial victory for WLF, which filed a brief urging dismissal and views the case as a dangerous tool for suppressing truthful speech about off-label uses of approved products. The plaintiff seeks to recover losses allegedly incurred by the government as a result of a drug manufacturer's truthful speech about off-label uses of Genotropin. The district court dismissed allegations that the defendant had caused others to submit "false" claims for reimbursement of prescriptions written for adults. The court also held, however, that the complaint stated an FCA claim that the manufacturer violated the anti-kickback statute by paying doctors to prescribe Genotropin to children for off-label uses, and that the FCA is violated whenever reimbursement is requested for prescriptions written because of such payments.
Case Status:
Case partially dismissed.
More Information and Downloads:
5/1/2008: Download the Brief

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