The U.S. Court of Appeals for the Fourth Circuit Jan. 11 affirmed the dismissal of a qui tam action brought under the False Claims Act (FCA) by a sales manager for Takeda Pharmaceuticals North America Inc. over Kapidex, a proton pump inhibitor used to treat gastric conditions (United States ex rel. Nathan v. Takeda Pharmaceuticals North America, 4th Cir., 11-2077, 1/11/13).
The relator argued that because prescriptions written for off-label uses of Kapidex are not reimbursable under federal health insurance programs, the presentment of these types of claims for payment constituted an FCA violation.
The appeals court, ...
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