February 20, 2020
False Claims Suit Over Merck Unit’s Remeron Revived
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 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 suit.
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