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Allergan Whistleblower Gets Rehearing in Drug Rebate Fraud Suit

May 11, 2022, 1:50 PM

The full US Court of Appeals for the Fourth Circuit will consider reviving a False Claims Act suit alleging that Allergan LLC defrauded the Medicaid Drug Rebate Program.

The court granted Deborah Sheldon’s petition for rehearing en banc Tuesday, following a Jan. 25 decision to affirm dismissal by a split panel.

Sheldon alleged that Allergan violated the FCA by providing false price reports to the government in order to make it overpay for drugs under the program, which requires drugmakers to offer their “best price” to Medicaid.

Judge J. Harvie Wilkinson III, who wrote the opinion, and Judge Julius N. ...

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