Ninth Circuit Rules False Claims Act Suit Involving Off-Label Use of Medical Devices
By EsqSocial Corporation 27/05/21
The United States Court of Appeals for the Ninth Circuit recently considered an Order of the Central District of California dismissing a qui tam False Claims Act (FCA) suit against a medical device manufacturer based on allegations that it: (1) marketed devices used in spinal fusion surgeries for an off-label and contraindicated use; (2) fraudulently obtained Food and Drug Administration (FDA) clearance; and (3) violated the Anti-Kickback Statute (AKS) by entering into rebate agreements with...
By: Arnall Golden Gregory LLP