Federal Contracting News

Ken Starr to Represent Whistleblowers in Bayer, Eli Lilly Cases

April 3, 2019, 2:55 PM

Kenneth W. Starr, the former independent counsel, is representing whistleblowers trying to keep their false claims cases against pharmaceutical companies Bayer Corp. and Eli Lilly and Co. alive.

He and his law firm, The Lanier Law Firm P.C. in Houston, filed notices of appearance in two Texas cases accusing defendants of engaging in kickback schemes to defraud the federal government.

The cases allege the pharmaceutical companies and commercial outsourcing vendors have helped physicians complete insurance documents in violation of the Anti-Kickback Statute.

The U.S. Justice Department has filed motions to dismiss those cases, asserting that the claims lack legal and factual support, and waste government resources.

Whistleblowers Health Choice Group and Health Choice Alliance have argued that dismissing their cases with a “rubber-stamp” of DOJ’s dismissal requests would be inconsistent with the system of checks and balances set out in the Constitution.

Magistrate Judge Caroline M. Craven will review these arguments at an April 24 hearing in Texarkana, Texas.

The Lanier Law Firm P.C. represented Health Choice Alliance.

The cases are United States ex rel. Health Choice Grp. v. Bayer Corp., E.D. Tex., No. 17-cv-126, notice of appearance of counsel 4/2/19, United States ex rel. Health Choice All. v. Eli Lilly and Co. Inc., E.D. Tex., No. 17-cv-123, notice of appearance of counsel 4/2/19.

To contact the reporter on this story: Daniel Seiden in Washington at dseiden@bloomberglaw.com

To contact the editor responsible for this story: Jo-el J. Meyer at jmeyer@bloomberglaw.com

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