CVS Blocks Bid for Privileged Documents in Whistleblower Suit

March 17, 2022, 7:44 PM UTC

CVS Caremark Corp. doesn’t have to produce attorney-client communications to a whistleblower in a False Claims Act suit alleging Medicare fraud, despite her claim that the production of law firm memoranda waived the privilege, a Pennsylvania district court said in an order released Thursday.

Aetna Inc.—an insurance company that isn’t a party to the litigation but is in the same corporate family as CVS Caremark—produced the memoranda, not CVS, Judge Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania said on March 4, denying a motion to compel.

Whistleblower Sarah Behnke asserted that Aetna’s ...

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