Allergan Kickback Trial Gets Split to Address Disclosure Issue

A Maryland federal judge bifurcated a False Claims Act trial against Allergan Inc. in order to determine if the majority of claims alleging Lap-Band obesity device fraud are barred by the act’s public disclosure rule.

Conducting a brief jury trial to address whether whistleblower Matthew Fitzer based his claims on publicly disclosed information and whether he satisfies the original source exception to the bar will promote efficiency and economy, Judge Stephanie A. Gallagher of the US District Court for the District of Maryland said in a Monday order granting Allergan’s motion.

• Fitzer, who initially sued in 2013, says Allergan provided ...