Five Firms Exit Cardinal Health Executive’s False Claims Suit

Five physician practices won dismissal of a former Cardinal Health Inc. executive’s whistleblower suit alleging that a kickback scheme tainted claims they submitted to Medicare and Medicaid.

Michael Mullen’s claims against those practices are precluded by the False Claims Act’s first-to-file bar because he sued while another suit—alleging the same fraudulent scheme—was still pending, Judge Nathaniel M. Gorton of the US District Court for the District of Massachusetts said in a Thursday order allowing their motions to dismiss.

Mullen’s suit raises the same allegations as Omni Healthcare Inc.'s FCA suit, which ended with a $13 million settlement in January 2022, ...