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Legal compliance risks and corporate governance issues facing pharma companies.
Last month the Seventh Circuit rejected an attempt to predicate False Claims Act liability against a nursing home on a theory of “worthless services.” In throwing out a $3 million jury verdict awarded to two former nurses-turned-whistleblowers, the court concluded that even if “worthless services” was a viable theory under the FCA, a relator would have to prove that the nursing home’s services were completely worthless and not just substandard. [Read more...]
In PLIVA v. Mensing and Mutual Pharmaceutical Co. v. Bartlett, the Supreme Court ruled that state law based failure-to-warn and design defect claims against generic drug manufacturers were barred on federal preemption grounds. Earlier this Summer, in In re Darvocet, Darvon & Propoxyphene Products Liability Litigatio n, Nos. 12-5368, et al. (6th Cir. June 27, 2014), the Sixth Circuit rejected the plaintiff’s bar’s latest attempt to circumvent PLIVA/Bartlett while sidestepping the question of whether the Su