Eli Lilly Whistleblower Advances Medicaid Suit Toward Trial (1)

A False Claims Act whistleblower demonstrated that Eli Lilly and Co. made false claims about pricing under Medicaid’s drug rebate program but other significant issues including materiality remain, an Illinois district court said.

Ronald J. Streck has shown that the pharmaceutical company’s calculations and related certifications about “Average Manufacturers Price"—which affects payments to the government—were factually and legally false, Judge Harry D. Leinenweber of the U.S. District Court for the Northern District of Illinois said.

Leinenweber’s Monday opinion partly granted Streck summary judgment.

A telephonic pretrial conference is set for April 12.

“The judge’s ruling in our favor on falsity ...