Legal Opinion

United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Abbott Laboratories, Inc.

District Court, D. Massachusetts

Decided March 13, 2008No. Civil Action No. 06-11337-PBS; MDL 1456; Master File No. 01-12257-PBSPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

The United States brings this action under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 and state law,1 seeking to recover losses to the Medicare and Medicaid programs caused by the reporting of allegedly excessive and fraudulent prices for certain drugs by defendant Abbott Laboratories, Inc. (“Abbott”). The alleged fraudulent drug pricing scheme began by January 1, 1991 and continued through 2001.

The government has moved for leave to file its first amended complaint to include claims involving Abbott’s home infusion pharmacies and…

2Cases cited17 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
  3. Grant v. News Group Boston, Inc.Court of Appeals for the First Circuit · 1995
  4. LaRocca v. Borden, Inc.Court of Appeals for the First Circuit · 2002
  5. United States of America, Ex Rel., Max Killingsworth v. Northrop CorporationCourt of Appeals for the Ninth Circuit · 1994

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3Cited by1 opinion

  1. In Re Pharm. Indus. Average Wholesale Price Litig.District Court, D. Massachusetts · 2008

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