Pfizer Wins Immediate Appeal Over Unsettled Whistleblower Questions
In a ruling that placed on pause an 11-year-old whistleblower suit against Pfizer, a federal judge has granted an immediate appeal on three issues that weigh into unsettled areas of law related to the False Claims Act.
June 23, 2017 at 02:59 PM
12 minute read
In a ruling that placed on pause an 11-year-old whistleblower suit against Pfizer, a federal judge has granted an immediate appeal on three issues that weigh into unsettled areas of law related to the False Claims Act.
U.S. District Judge R. Barclay Surrick of the Eastern District of Pennsylvania on June 22 granted Pfizer's motion seeking an interlocutory appeal to the U.S. Court of Appeals for the Third Circuit in United States v. Pfizer, a qui tam case over allegations that the drugmaker illegally marketed the anti-fungal medication, Vfend, for off-label use.
In April, Surrick had rejected Pfizer's attempts to toss the case. The latest ruling specifically granted the appeal to address whether an amended complaint can fix a first-to-file defect, whether a law related to Medicare payments applies to anti-fungal drugs, and whether the fact that the government continued to reimburse Pfizer for the drug after the initial fraud allegations were lodged means the plaintiff can't establish materiality.
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