N.Y. Judge Dismisses Qui Tam Action Targeting Siemens’ Medical Device Shipping

NEW YORK — A New York federal judge has dismissed without prejudice a qui tam action accusing Siemens of knowingly shipping temperature sensitive in vitro diagnostic (IVD) medical devices well outside their FDA-approved or -cleared temperature ranges.

In a Jan. 17 order, Judge Margo K. Brodie of the U.S. District Court for the Eastern District of New York found the relator did not satisfy Rule 9(b)’s particularity requirement because she did not allege that Siemens’ shipping practices compromised any IVDs for which claims to governments were actually submitted.

IVDs, also known as assays, are tests performed on blood, saliva or …