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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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Decade Old Device Off-Label Marketing Case Ends with Manufacturer Win

On April 7, a Texas jury handed a victory to Abbott Laboratories in a 10-year False Claims Act litigation battle with the relator concerning the off-label use of its products by physicians.  This is the latest in several cases over the past few years that cast doubt on the viability of an off-label marketing theory to form the basis of an FCA action. In this case, the complaint was filed by a former Guidant Endovascular Solutions sales representative in 2006, which was the same year Abbott purchased Guidant.  The relator alleged that Guidant caused the submission of false claims to Medicare for biliary stents that were FDA-approved for use in bile duct procedures.  The relator claimed that Guidant impermissibly marketed these stents to physicians for use in non-coronary vascular procedures, which rendered claims to Medicare for such procedures false and not eligible for payment.  Abbott countered relator's claims with evidence that it was common practice in...

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