McKesson Whistleblower Asks SCOTUS to Reinstate Kickback Claims

A whistleblower urged the US Supreme Court to revive his claims that McKesson Corp. engaged in an unlawful kickback scheme by providing two drug pricing tools to doctors in exchange for their commitment to purchase drugs.

The US Court of Appeals for the Second Circuit erred in concluding that to act willfully under the federal Anti-Kickback Statute, a defendant must act while knowing that its conduct is unlawful in some way, Adam Hart said in his petition to the Supreme Court, docketed June 11. Hart’s complaint didn’t meet that standard, the appeals court said.

Congress intended for a scienter ...