Bloomberg Law
June 22, 2022, 4:20 PM

SuperValu Asks Supreme Court to Pass on Drug Pricing Fraud Suit

Daniel Seiden
Daniel Seiden

SuperValu Inc. said the US Supreme Court shouldn’t review the rejected claims that it violated the False Claims Act by overcharging federal healthcare programs for prescription drugs.

Two whistleblowers assert that the US Court of Appeals for the Seventh Circuit erred by ruling that SuperValu didn’t knowingly misreport the usual and customary prices it charged, which caused Medicare and Medicaid to overpay.

The Seventh Circuit’s conclusion that the whistleblowers couldn’t establish scienter because SuperValu’s pricing approach wasn’t unreasonable—and no contrary authoritative guidance existed at the relevant time—accords with the FCA’s text, SuperValu said in its opposition to the whistleblowers’ petition. ...

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