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BioTek Must Face Whistleblower’s Allergy Testing Kickback Suit

Jan. 25, 2023, 3:43 PM

Allergy equipment provider BioTek Labs LLC and others must defend against a whistleblower’s lawsuit allleging that they caused the submission of kickback-tainted claims to federal healthcare programs for reimbursement.

Biotek argued that Beverly Marcus’ claims must be dismissed for being based on public information, such as that found on Biotek’s website.

But the FCA’s public disclosure bar can’t be used to dismiss claims when the federal government opposes it, as the Assistant US Attorney did in November, Judge William F. Jung of the US District Court for the Middle District of Florida said in a Tuesday order.

The court also ...