Jury Will Assess CVS Connection to Omnicare in Fraud Suit (1)

A jury will consider whether CVS Health Corp. participated in the submission of false claims to federal healthcare programs with subsidiary Omnicare Inc., a New York federal court ruled in an order made available Friday.

There’s “ample evidence” that could support finding that CVS Health didn’t directly participate in violations of the False Claims Act, but a jury should have “the first crack” at deciding if evidence “supports the opposite conclusion,” Judge Colleen McMahon of the US District Court for the Southern District of New York said in an order stating she’s reserving judgment on CVS Health’s motion for a ...