In Re Pharmaceutical Industry Average Wholesale Price Litigation

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

The United States brings this action under the False Claims Act, 31 U.S.C. § 3729 et seq., seeking to recover losses to the Medicare and Medicaid programs caused by allegedly fraudulent average wholesale prices for generic drugs reported by defendants Dey, Inc., Dey L.P., Inc., and Dey L.P. (collectively “Dey”).

Relator Ven-A-Care filed its qui tarn complaint against Dey in the Southern District of Florida on August 13, 1997. Nine years later, after seeking numerous sixty day extensions from the court, the government elected to intervene.…