Court Denies Summary Judgment in Teva Whistleblower Case

Share

A New York federal judge has denied a Teva motion for summary judgment in a whistleblower case over speakers bureau promotion of two of its drugs. In the case, former Teva sales representatives allege that the speaker program for the firm’s Azilect (rasagiline) tablets, a Parkinson’s disease drug, and Copaxone (glatiramer acetate injection), which treats relapsing-remitting multiple sclerosis, was a conduit through which prescribers were bribed with speaker fees, expensive meals, and alcohol in exchange for prescribing the drugs.

The company petitioned the court to grant it summary judgment because (1) the whistleblowers did not raise an issue of material fact that Teva committed an anti-kickback violation through its speaker program; (2) the whistleblowers failed to link any purported anti-kickback violations to the prescription reimbursement claims that form the basis for their False Claims Act actions; and (3) the whistleblowers have failed to offer any evidence that any misrepresentation about anti-kickback compliance was material to the government for the purposes of the False Claims Act.

The court rejected all three of the company’s articles and said the case may proceed to trial.

Read more