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Off-label whistleblower suit dismissed

By Phillips & Cohen LLP

A whistleblower suit alleging off-label promotion of a blood thinning drug has been dismissed by a federal judge in Chicago.

The suit, filed under the qui tam provisions of the federal False Claims Act, alleged that Aventis promoted off-label uses of Lovenox, thereby inducing doctors and hospitals to submit fraudulent Medicare claims.

Judge Matthew Kennelly ruled that Medicare claims filed as a result of the alleged off-label scheme were not ?material? to the amount the government paid for treatment of any patient. He found that because Medicare reimbursement was based on a diagnosis group code tied to a patient diagnosis and age, and not tied to services given a patient, the Medicare claims could not have been false.

Full post as published by False Claims Act - Qui Tam on December 29, 2008 (boomark / email).