McKesson Fails to Show 2012 Suit Bars Whistleblower’s Claims

McKesson Corp. will continue to face a whistleblower’s False Claims Act suit alleging that the company engaged in a scheme that caused medical providers to overbill Medicare and Medicaid for cancer medication.

McKesson didn’t show that Omni Healthcare Inc.'s suit is precluded by the FCA’s first-to-file rule, which bars suits when a related action is already pending, Judge Nina Gershon, of the US District Court for the Eastern District of New York, said in a Thursday opinion.

McKesson argued that Omni’s suit was barred because US ex rel. Jedloe v. Med Prep Consulting Inc., filed in 2012 and voluntarily ...