Legal Opinion

United States Ex Rel. Franklin v. Parke-Davis, Division of Warner-Lambert Co.

District Court, D. Massachusetts

Decided June 25, 2001No. 96-CV-11651-PBSPublishedCited by 57 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

In this qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3729-33, Relator Dr. David Franklin alleges, among other things, that his former employer engaged in a fraudulent scheme to promote the sale of the drug Neurontin for “off-label” uses (i.e., uses other than those approved by the Food and Drug Administration) and that this illegal marketing campaign caused the submission of false claims to the Veterans Administration and to the federal government for Medicaid reimbursement. 1 The Defendant has moved for dismissal based on Relator’s…

2Cases cited32 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
  3. Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River CompanyCourt of Appeals for the Fourth Circuit · 1999
  4. Buckman Co. v. Plaintiffs' Legal CommitteeSupreme Court of the United States · 2001
  5. Jorge Correa-Martinez v. Rene Arrillaga-BelendezCourt of Appeals for the First Circuit · 1990

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3Cited by57 opinions

  1. United States v. Community Health Systems, Inc.Court of Appeals for the Sixth Circuit · 2007
  2. United States Ex Rel. Rost v. Pfizer, Inc.Court of Appeals for the First Circuit · 2007
  3. Toby T. Watson v. Jennifer King-VasselCourt of Appeals for the Seventh Circuit · 2013
  4. Kaiser Foundation Health Plan, Inc. v. Pfizer, Inc.Court of Appeals for the First Circuit · 2013
  5. United States Ex Rel. Prather v. Brookdale Senior Living Communities, Inc.Court of Appeals for the Sixth Circuit · 2016

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