Allergan Whistleblower to Proceed With Botox Kickback Claims

Allergan Inc. must continue to face a whistleblower’s claims that the company violated the False Claims Act by engaging in a kickback scheme to promote Botox in pediatric migraine treatments, a federal district court said.

Whistleblower Braeden Hearrell brought claims that Allergan’s off-label promotion of Botox for pediatric migraine therapy violates the False Claims Act. He also alleged Allergan paid illegal kickbacks to physicians, violating the Anti-Kickback Statute. Hearrell additionally alleged Allergan violated the FCA based on the Stark Act, which prohibits a physician from having a financial relationship with any entity from referring a patient to the entity for ...