Md. Federal Judge Dismisses Qui Tam Suit Alleging Off-Label Marketing of Pain Patch

BALTIMORE — A Maryland federal judge has dismissed without prejudice a lawsuit brought under the False Claims Act in which a relator accused drug makers of aggressively marketing a transdermal pain patch for off-label uses, ruling that it is barred by the FCA’s “first-filed rule.”

On Dec. 16, Judge Ellen Lipton Hollander of the U.S. District Court for the District of Maryland explained that a similar qui tam action was pending when the instant case was filed and thus dismissal without prejudice is mandatory, pursuant to 4th Circuit case law.

Jerome Palmieri filed a qui tam action on April 20, …