Plaintiff filed a qui tam action against defendant and 14 other drug manufacturers in federal court alleging that they falsely lowered drug prices, which led to Medicaid underpayments in violation of the Federal Claims Act. A jury returned a verdict in favor of the plaintiff, which was trebled under the provisions of the FCA. Defendant appealed, challenging the district court’s denial of its motion for summary judgment as well as they jury’s determinations on the issues of scienter and materiality. Plaintiff cross-appealed, arguing that the district court incorrectly calculated the number of violations under the FCA. The Seventh Circuit affirmed, finding no errors in the district court’s legal or factual analysis or in the jury’s verdict. (RIPPLE and JACKSON-AKIWUMI, concurring)
Federal 7th Circuit Court
Civil Court
False Claims Act