United States Ex Rel. Colquitt v. Abbott Laboratories

GREGG COSTA, Circuit Judge:

Relator Kevin Colquitt lost the qui tam war against his former employer Abbott Laboratories in three battles. He pursued three False Claims Act theories based on claims submitted to Medicare by medical providers engaged in the “off-label” use of Abbott’s medical stents. A false inducement claim and a claim predicated on false certification of compliance with the Anti-Kickback Statute failed on a motion to dismiss. A false presentment claim was limited at summary judgment to periods when Colquitt worked for Abbott. The jury found against Colquitt on what was left of…