Bloomberg Law
Jan. 21, 2022, 9:25 PM

Aetna, Bayer Kickback Whistleblower Suit Dismissal Affirmed

Daniel Seiden
Daniel Seiden

The U.S. Justice Department properly sought dismissal of a whistleblower’s False Claims Act suit alleging a kickback scheme against drugmakers and pharmacy benefit managers including Bayer Healthcare Pharmaceuticals Inc., Biogen Inc., Aetna Inc., and Cigna Corp., the First Circuit affirmed Friday.

A district court didn’t err in backing the DOJ’s determination that John R. Borzilleri’s suit accusing the companies of engaging in a fraudulent scheme to overcharge multiple sclerosis drugs under Medicare Part D would be too burdensome on government resources if allowed to continue, the U.S. Court of Appeals for the First Circuit ruled.

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