United States Eighth Circuit

In a suit under the Medicare Secondary Payer (MSP) statute against drug companies that developed, manufactured, and marketed the drug Baycol, seeking to recover Medicare expenditures relating to the drug's adverse effects, dismissal of the case is affirmed where: 1) plaintiff failed to comply with a discovery order to submit an expert's report attesting personal injuries from use of Baycol, and thus failed to establish standing; and 2) the MSP is not a qui tam statute.

Appellate Information

• Decided 12/28/2007
• Published 12/28/2007

Judges

• MELLOY, Circuit Judge., Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert J. Cynkar, argued, Washington, DC (Jonathan W. Cuneo and David W. Stanley, on the brief), for appellant.


• For Appellees:
  
• Eugene A. Schoon, argued, Chicago, IL (Fred T. Magaziner, Philadelphia, PA, Peter W. Sipkins and Elizabeth S. Wright, Minneapolis, MN, Susan A. Weber, Chicago, IL, and Richard H. Menard, Jr. and Quin M. Sorenson, Washington, DC, on the brief), for appellees.