McKesson Whistleblower’s Cancer Drug Kickback Suit Dismissed

McKesson Corp. defeated a False Claims Act suit alleging it submitted claims for cancer drugs to Medicare that were tainted by kickbacks because the whistleblower didn’t adequately allege intent to defraud, a New York district court ruled Thursday.

Adam Hart alleged that McKesson violated the FCA by providing two drug pricing tools to doctors in exchange for their commitment to purchase drugs from McKesson.

Providing the tools to doctors constituted remuneration because they had value apart from the drugs. But the case must be dismissed for failing to allege scienter, Judge Ronnie Abrams of the U.S. District Court for the ...