Allergan Whistleblower Moves Part of Kickback Suit Toward Trial

A whistleblower accusing Allergan Inc. of engaging in a kickback scheme to increase purchases of “Lap-Band’ obesity devices can advance a portion of his suit toward trial, a Maryland federal judge said.

Matthew Fitzer showed that 254 medical procedures identified in his complaint can be assessed as to whether they violated the False Claims Act, Judge Stephanie A. Gallagher of the US District Court for the District of Maryland said Wednesday, partially denying Allergan’s motion for summary judgment.

The court will contact the parties to schedule a trial date, the court said in a separate order.

Fitzer, who initially sued ...