Novo Nordisk Wins Washington State’s Sanction in Drug Promo Case

Novo Nordisk Inc. has won an adverse jury instruction sanction against Washington state for its failure to preserve evidence in a False Claims Act case against the pharmaceutical company.

Washington alleges that Novo Nordisk violated the FCA and the Anti-Kickback Statute through the off-label use of and illegal promotion of NovoSeven. At trial, the jury will receive an instruction from the court that it can infer that prescriptions of hemophilia drug NovoSeven were medically necessary since the lost records would have likely shown that state officials approved payments for the prescriptions, Judge Benjamin H. Settle of the US District Court ...