Teva Kickbacks Were Connected to MS Drug, US Argues in Appeal

The US adequately alleged that Teva Pharmaceuticals USA Inc. violated the False Claim Act by engaging in a kickback scheme to increase prescriptions of its multiple sclerosis drug Copaxone, the government told an appeals court.

A federal district court, which denied Teva summary judgment, correctly found that the government isn’t required to show a “but-for connection” between alleged kickbacks and subsequent Copaxone prescriptions, the government said in its brief filed Monday with the US Court of Appeals for the First Circuit.

Prosecutors say Teva violated the FCA by paying $300 million to charitable foundations to increase prescriptions. Teva says the ...