CVS, Omnicare Fraud Case Intact as Court Cites DOJ ‘Animus’ (1)

A federal judge denied the government’s bid to toss out a whistleblower’s claim that Omnicare Inc., CVS Health Corp., and RX Crossroads defrauded Medicare and Medicaid out of millions of dollars by engaging in illegal kickback schemes.

Judge Staci Yandle, on the U.S. District Court for the Southern District of Illinois, said the government failed to properly investigate the whistleblower’s specific allegations against the pharmacies in this case. Instead, the DOJ looked at 11 cases together that the whistleblower has brought against various defendants across the country.

The DOJ didn’t review materials from the whistleblower aside from the ...