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Agenda is Live: McDermott’s Healthcare Litigation, Compliance & Investigations Forum

Join McDermott for our 2019 Healthcare Litigation, Compliance & Investigations Forum on November 5, 2019 in Washington, DC Featuring insights from government representatives, in-house lawyers and compliance officers from across the healthcare and life sciences landscape, attendees will learn strategies for proactively managing and effectively responding to compliance risks, investigations and litigation during this day-long program. The event will also feature an address by Daniel R. Levinson, Former Inspector General, Office of Inspector General Department of Health and Human Services, and a lunchtime keynote by Dr. Ezekiel Emanuel,  Vice Provost for Global Initiatives & Chair of the Department of Medical Ethics and Health Policy, University of Pennsylvania; Former Special Advisor for Health Policy, White House Office of Management and Budget. Click here to view the program agenda and register today. 

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Circumstantial Evidence Stretched Beyond Its Limits in Proving Kickback and Fraud-on-DrugDex Theories

Two decisions from the US District Court for the Southern District of Texas limit the extent to which relators can stretch the use of circumstantial evidence to support a False Claims Act case based on an anti-kickback or off-label marketing theory. In two separate decisions on December 10 and December 14 in US ex rel. King v. Solvay Pharmaceuticals, Inc. (SPI)., the court granted SPI’s summary judgment motion finding insufficient evidence for a reasonable juror to support either theory. For the anti-kickback claim, relators alleged that SPI engaged in a number of activities, such as speaker programs, preceptorships, honorariums, free continuing medical education, and provided gifts such as dinners and event tickets, as part of a national scheme to illegally induce physicians to prescribe SPI’s drugs. In dismissing this claim on December 10, the court first found that the allegations of a nationwide scheme were unsupported because in relator’s response to...

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