Pharmacy company PharMerica Inc. must once again face claims it engaged in a scheme to defraud Medicaid by improperly incentivizing physicians to prescribe Remeron, an antidepressant made by the Merck & Co. unit Organon, the First Circuit said Wednesday.
PharMerica argued that whistlelower James Banigan’s claims triggered the False Claims Act’s public disclosure bar, because they target the same fraudulent scheme revealed in a prior Qui Tam litigation case.
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