US Argues for Lower Proof Standard in Regeneron Kickback Lawsuit

Federal prosecutors urged an appeals court to find that the government doesn’t need to meet a higher causation standard to show that Regeneron Pharmaceuticals Inc. engaged in a fraudulent kickback scheme.

A Massachusetts federal district court said Sept. 27 the False Claims Act suit could proceed, but that the government will have to prove that allegedly false claims for reimbursement from Medicare wouldn’t have been made “but for” kickbacks. Both parties agreed that issue needed immediate clarification and convinced the US Court of Appeals for the First Circuit on Dec. 11 to take the case.

The government says that Regeneron ...