1st Cir. Upholds Dismissal of Actos Kickback Action, Says Claims Not Adequately Pled

BOSTON — A federal appeals court has upheld dismissal of an action accusing the makers of Actos of violating the False Claims Act by engaging in a kickback scheme to promote the off-label use of the type 2 diabetes drug and causing false claims for reimbursement to be submitted to the Government, holding that the allegations were not pled with the requisite specificity.

On Nov. 22, the 1st Circuit U.S. Court of Appeals held that the plaintiff failed to specify who submitted false claims to the government how many false claims were submitted, or how defendants' actions resulted in the …