Biogen Whistleblower Wins Favorable Pretrial Ruling on Kickbacks

A False Claims Act whistleblower accusing Biogen Inc. of submitting payment claims to the government tainted by kickbacks to physicians convinced a federal district court that violations of the Anti-Kickback Statute are material to federal healthcare program payment decisions.

At trial, the jury will be instructed that a violation of the AKS is a per se violation of the FCA, Judge Indira Talwani of the US District Court for the District of Massachusetts said in a Tuesday order. Trial is slated to begin July 18 or 19, according to the docket.

Materiality under the FCA concerns whether a defendant’s action ...