Allergan Whistleblower Asks SCOTUS to Review Medicaid Fraud Case

A whistleblower has asked the US Supreme Court to reinstate a lawsuit alleging that Allergan Sales LLC defrauded the Medicaid Drug Rebate Program by providing false price reports that caused the government to overpay for drugs.

The Supreme Court should resolve a circuit split involving a frequently recurring issue in FCA litigation, namely whether a defendant knowingly makes a false claim based on its subjective understanding at the time it submits the claim to the government, the whistleblower’s petition said.

Deborah Sheldon’s False Claims Act suit was dismissed by a district court in November 2020. The US Court of Appeals ...