Allergan Tells SCOTUS That Whistleblower Waived Fraud Argument

Allergan Sales LLC urged the US Supreme Court not to consider reviving a whistleblower’s lawsuit alleging that the company defrauded the Medicaid Drug Rebate Program by providing false price reports that caused the government to overpay for drugs.

Whistleblower Deborah Sheldon’s False Claims Act suit was dismissed by a district court in November 2020. A split panel for the US Court of Appeals for the Fourth Circuit affirmed that decision in January 2022, finding that Sheldon didn’t show the company knowingly misinterpreted program rules. The appeals court sitting en banc affirmed the judgment in September.

Sheldon’s Supreme Court petition, filed ...