Xolair Qui Tam Dismissal Affirmed By 1st Circuit, But State Claims Remanded
Mealey's (June 20, 2016, 2:27 PM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals on June 17 affirmed dismissal without prejudice of two relators’ claims that Novartis Pharmaceuticals Corp. and Genentech Inc. marketed the asthma drug Xolair for off-label use and paid physicians to prescribe the drugs (United States of America, ex rel. Allison Kelly, et al. v. Novartis Pharmaceuticals Corporation, et al., No. 15-1470, 1st Cir.; 2016 U.S. App. LEXIS 11001).
(Opinion available. Document #28-160623-011Z.)
However, while the First Circuit panel found that the plaintiffs failed to plead their complaints...