Healthcare provider US Oncology Inc. doesn’t have to face a False Claims Act suit alleging that it participated in a drug kickback scheme, the Second Circuit affirmed Tuesday.
Two whistleblowers, former Amgen Inc. employee Kevin Kilcoyne and Joseph Piacentile, alleged that US Oncology submitted fraudulent claims to Medicare and Medicaid because they were tainted by kickbacks that induced it to buy drugs from Amgen.
But New York federal district court correctly dismissed the suit under the FCA’s public disclosure bar because it was based upon three lawsuits filed before the whistleblowers’ 2004 complaint, the US Court of Appeals for the ...
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