Relator Can’t Demonstrate Scienter When Defendants Followed CMS Reporting Guidance; United States District Court for the Northern District of Illinois, Eastern Division, No. 19 C 825, Patrick Lupinetti v. Exeltis USA Inc., et al.

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The district court dismissed claims alleging that a manufacturer of prenatal vitamins fraudulently mislabeled their product as prescription-only in order to ensure coverage under Medicaid. First, the court found the claims barred by the public disclosure bar, as the defendants disclosed the nature of their product to CMS. Because CMS is aware of what products […]
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