CVS Health Corp. and others shed a whistleblower’s False Claims Act suit alleging they engaged in an anticompetitive scheme to prevent Medicare Part D recipients from accessing less expensive generic drugs.
Whistleblower Ellsworth Associates LLP’s suit raised “largely policy disagreements” that can’t rise to the level of material fraud the FCA requires, Judge John Milton Younge of the US District Court for the Eastern District of Pennsylvania said in a July 31 opinion granting CVS summary judgment.
The whistleblower failed to prove materiality because “the government got what it paid for,” the court said. Beneficiaries received brand name drugs that ...
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