United States ex rel. Polansky v. Pfizer, Inc.

*260 MEMORANDUM DECISION AND ORDER

COGAN, District Judge.

Before the Court is defendant’s motion to dismiss plaintiffs Fifth Amended Complaint in this qui tarn action under the False Claims Act (“FCA”) 31 U.S.C. § 3729 et seq. Plaintiff alleges that Pfizer has engaged in an illegal marketing campaign for its popular statin Lipitor. According to plaintiff, defendant misrepresented the patient populations to whom the drug should be prescribed by encouraging doctors to prescribe Lipitor to lower their patients’ cholesterol even when the patients’ risk factors for cardiac heart disease and their…