Judge Dismisses FCA Complaint Alleging Medicare Fraud Against Maker Of COPD Drug

(December 6, 2023, 4:01 PM EST) -- MINNEAPOLIS — A Minnesota federal judge dismissed a complaint filed by a pharmacist alleging that the pharmaceutical company that manufactures chronic obstructive pulmonary disease (COPD) drug Brovana violated the federal False Claims Act (FCA) by issuing rebates to pharmacies in prohibition of the Anti-Kickback Statute (AKS) and submitting fraudulent claims for reimbursement to Medicare, finding that the AKS-related claims lack a causal connection and therefore are dismissed with prejudice but that the complaint is dismissed without prejudice for failure to plead the claims with particularity....