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Wednesday, March 11, 2026

QUI TAM (WHISTLEBLOWER SUITS)... - VitalLaw.com

Drug manufacturers overcame the presumption of public access by demonstrating that the documents revealed proprietary information concerning development of a drug delivery system.

Holding that documents containing information detailing the propriety “drug delivery system” LiquiXR developed by the drug maker that “enables controlled drug delivery in oral liquid dosage form” contain information that should remain confidential, the federal district court in New York ordered the redaction of those documents, which were attached to a complaint in a qui tam action. The court found that defendants Tris Pharma, Inc., and NextWave Pharmaceuticals, Inc. made a sufficient showing of the need to maintain the documents’ confidentiality to overcome the well-established presumption that public access be given to documents filed in court (U.S. ex rel. Ahmed v. Pfizer Inc., No. 18 Civ. 870 (PGG) (S.D.N.Y. Feb. 4, 2026)).

Qui tam complaint. A relator asserted in a qui tam action claims under the False Claims Act and the Anti-Kickback Statute against several defendants, who he alleged manufacture, market, and distribute a federally controlled substance sold under the brand name Quillivant XR. He alleged the drug makers caused false claims to be submitted to Medicare, Medicaid, and TRICARE, which concealed deficiencies in Quillivant’s development. He purported to bring his claims on behalf of the United States, 28 states, and the District of Columbia. Since the case was filed as a qui tam...



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