Judge refuses to dismiss whistleblower suit against J&J
Pharma Compliance Alert, February 27, 2008
US District Court Judge Patti Saris said a whistleblower suit against Johnson &Johnson's Ortho-McNeil unit could go forward, in a ruling last week.
J&J asked Saris to dismiss the suit brought by former sales representative Ed West. The company succeeded in getting a different whistleblower suit filed by two former sales representatives dismissed last month.
West claimed Ortho-McNeil schemed to offer kickbacks and rebates to hospitals to purchase more of its Levaquin antibiotic than a rival medication, and encouraged hospitals to divide and re-use single use premix bags of Levaquin to create a secret discount and increase hospital profits.
In her decision, Saris said West's allegations "pass muster.The discount, cash bribe, premix bag, and improper fees, grants, and gifts allegations are each sufficiently particular."
However, Saris did dismiss claims filed under the False Claims Acts of Nevada and Hawaii, and certain claims filed under the False Claims Acts of California and the District of Columbia. She also dismissed the suit against J&J as the parent company, but not against Ortho-McNeil.
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