Where a defendant corporation has moved for reconsideration of the denial of its motion for summary judgment, the plaintiff’s evidence is sufficient to survive summary judgment as to the causation issue even under the but-for standard set forth by the 1st U.S. Circuit Court of Appeals in United States v. Regeneron Pharmaceuticals, Inc., 128 F.4th 324 (1st Cir. 2025).
“… In short, the court’s summary judgment order rejected Medtronic’s argument that the phrase ‘resulting from’ in a 2010 amendment to the Anti-Kickback Statute (‘AKS’), see 42 U.S.C. 1320a-7b(g), requires but-for causation. The First Circuit subsequently held that the statutory language does require but-for causation. …
“For the reasons explained below, the court reconsiders its prior order in part and again denies summary judgment. …
“As relevant to the pending Motion for Reconsideration, in March 2024, the court denied summary judgment on the False Claims Act (‘FCA’) claims against Medtronic because Relator Adam Witkin (‘Relator’ or ‘Witkin’) had presented sufficient evidence that Medtronic provided remunerative activities to healthcare providers related to Medtronic’s continuous glucose monitoring device, the iPro2/iPro CGM (‘iPro’). …
“As to the per se theory of FCA liability based on the 2010 amendment to the AKS, the court finds the standard of reconsideration has been met because Regeneron‘s requirement of but-for causation is an intervening change in controlling law. … Accordingly, the Motion for...
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