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PharMerica Asks SCOTUS to Stop ‘Parasitic’ Kickbacks Case

Feb. 12, 2019, 4:55 PM

Pharmacy operator PharMerica Corp. urged the U.S. Supreme Court to review a decision reviving claims it engaged in a kickback scheme with nursing homes in order to get patient referrals.

The Third Circuit erred in concluding that the False Claims Act’s public disclosure bar didn’t preclude the suit because whistleblower Marc Silver’s complaint “is laced with direct quotes” from various public sources, PharMerica’s petition said.

Silver admitted he lacks first-hand knowledge about PharMerica, and that he based his suit on on a combination of industry knowledge and publicly available information, such as annual financial reports, PharMerica said.

Congressional intent to ...

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