D'Agostino v. EV3, Inc., et al

  1. February 17, 2017

    FCA Decision Tracker: Continued Interpretations Of Escobar

    The U.S. Supreme Court’s ruling in Universal Health Services v. Escobar continues to affect a range of False Claims Act cases. In the third installment of an ongoing series, Law360 looks at the latest court rulings to interpret the blockbuster decision.

  2. January 03, 2017

    1st Circ. Won't Revive FCA Suit Against Medtronic Unit

    The First Circuit last month upheld the dismissal of a False Claims Act suit against a Medtronic subsidiary, signaling concern that allowing the medical device fraud case to proceed to trial could allow a jury to usurp the U.S. Food and Drug Administration's regulatory power.

  3. September 07, 2016

    1st Circ. Panel Wary Of FCA Suit Against Medtronic Unit

    A former sales rep for what is now a Medtronic subsidiary faced a seemingly skeptical panel of First Circuit judges Wednesday in his bid to revive a False Claims Act suit accusing the device maker of off-label marketing and defrauding the U.S. Food and Drug Administration. 

  4. August 09, 2016

    1st Circ. Told No Fraud Was Public Before Covidien FCA Suit

    A whistleblower claiming a Covidien Ltd. unit tricked Medicare into illegally funding off-label uses for a blood-blocking device told the First Circuit on Monday that the district court's decision to toss his False Claims Act suit because the alleged fraud was already public was "literally based on thin air."

  5. July 13, 2016

    Life Sciences Cases To Watch In The 2nd Half Of 2016

    The second half of 2016 will produce industry-shaping court decisions regarding off-label marketing of medical devices, sales of biosimilars, drug exclusivity and anti-smoking regulations. Here are key cases to watch.

  6. June 14, 2016

    US Weighs In On 1st Circ. Appeal Of Covidien FCA Suit

    The U.S. government on Monday took issue with the reasoning behind a federal judge's decision to deny a whistleblower's request to amend allegations that a Covidien Ltd. unit got Medicare to illegally fund off-label uses for its blood-blocking device, and sought to intervene in the pending First Circuit appeal.