Eli Lilly Verdict in Whistleblower’s Fraud Suit Mostly Upheld

Eli Lilly and Co.‘s post-trial challenge to a jury verdict in a False Claims Act suit was mostly unsuccessful, but it did show an error in the damages awarded to five states.

An Illinois jury found Eli Lilly liable for making false claims about pricing under Medicaid’s drug rebate program. It awarded $61 million, which could be trebled to $183 million.

The court rejected multiple challenges to the jury award, including Eli Lilly’s argument that the jury improperly found that it had acted with the proper scienter under the FCA.

The jury was correctly instructed on scienter, the court ...