Judge Rules Whistleblower Lawsuit against Abbott Laboratories Inc. Filed by Berger & Montague on behalf of Its Client, the U.S.

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7/20/10

On July 16, 2010, the Honorable Richard Stearns ruled that Plaintiff Carpenter's allegations of violations of the federal False Claims Act, 32 U.S.C. Section 3729(a)(1) arising from Abbott's alleged promotion of its AIDS drug Kaletra, for uses unapproved by the F.D.A., could proceed.  Specifically, Plaintiff alleges that contrary to the F.D.A. approved uses and dosing for the drug, Abbott 1) promoted once daily dosing for therapy-experienced AIDS patients although such dosing was only approved for AIDS patients new to drug therapy and 2) promoted Kaletra as a single treatment regimen (monotherapy) rather than for use in combination with other anti-AIDS drugs.  Simultaneously, the Court dismissed Plaintiff Carpenter's false claims allegations arising from alleged violations of the federal anti-kickback statute and Section (a)(2) of the False Claims Act.  Discovery will now proceed in the case.

News Source : Judge Rules Whistleblower Lawsuit against Abbott Laboratories Inc. Filed by Berger & Montague on behalf of Its Client, the U.S. and Numerous States, May Proceed