AmerisourceBergen Corp. will again have to defend against a False Claims Act whistleblower’s claim that it unlawfully failed to return medication overpayments to Medicare and federal agencies, the Second Circuit said Friday.
Patsy Gallian sufficiently alleged a reverse false claim, which can occur when a defendant conceals or improperly avoids an obligation to repay the government overpayments it received, Judge Myrna Perez of the US Court of Appeals for the Second Circuit said in an opinion to partially reverse dismissal of Gallian’s suit.
The appeals court also affirmed, however, the dismissal of other FCA claims because Gallian failed to identify ...
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