United States Third Circuit

In a qui tam action under the False Claims Act involving a multi-billion dollar cancer drug, Avastin, which was developed by defendant, flied by the former head of healthcare data analytics for defendant, alleging that defendant suppressed data that caused doctors to certify incorrectly that Avastin was 'reasonable and necessary' for certain at-risk Medicare patients, the district court's dismissal of the suit for failure to state a claim is affirmed on alternate grounds where plaintiff failed to satisfy the False Claims Act's materiality requirement.

Appellate Information

• Published 2017/05/01

Judges

• HARDIMAN

Court

• United States Third Circuit

Counsel