Allergan Court Adopts ‘Middle of the Road’ Position on Kickbacks

A False Claims Act suit accusing Allergan Inc. of engaging in a kickback scheme to increase ‘Lap-Band’ obesity device purchases moved one step closer to trial.

Judge Stephanie A. Gallagher needs more information about whether Allergan caused false claims to be submitted to the government, she said for the US District Court for the District of Maryland on June 3. Gallagher released the opinion following a Tuesday order.

Gallgher adopted the US Court of Appeals for the Third Circuit’s “middle of the road” approach for an Anti-Kickback Statute-based FCA claim, and not the more defendant-friendly “but-for” causation standard used ...