Allergan Whistleblower Advances Obesity Treatment Fraud Claims

A whistleblower may proceed with his False Claims Act suit alleging that Allergan Inc. and Apollo Endosurgery Inc. engaged in a kickback scheme to provide surgeons with free advertising in exchange for purchases of devices used to treat obesity, according to a federal district court decision.

Matthew Fitzer contends that the defendants submitted false claims to federal health-care programs by using a website to funnel business to surgeons who were encouraged to use and purchase their Lap Band device.

His fourth amended complaint has several new factual allegations, including that surgeons on the site knew they were listed there and ...