Court rules in novel False Claims Act case where one pharma firm sues another viewed by HP&M lawyer

28 April 2013

The US District Court for the Central District of California issued a ruling recently in an unusual, if not unprecedented, case arising from alleged federal False Claims Act (FCA) violations where one drug manufacture has sued its competitor, said Delia Stubbs, writing on Hyman, Phelps & McNamara’s FDA Law Blog.

In Amphastar Pharm Inc v Aventis Pharma SA, No 09-0023 (CD Cal), Amphastar, on behalf of the USA, alleged in its amended qui tam complaint that Aventis (now a part of French drug major Sanofi [Euronext: SAN]) had “fraudulently inflated the price of enoxaparin” thus overcharging the federal and various state governments in violation of the FCA.

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