Appeals Court Reinstates FCA Whistleblower Lawsuit Against Gilead

A U.S. appeals court revived a whistleblower lawsuit against Gilead Pharmaceuticals that accused the drugmaker of lying about its HIV drugs.

The lawsuit, filed by former employees Sherilyn and Jeff Campie in 2014, argued the company was liable under the False Claims Act. The suit was dismissed in 2015, with U.S. District Judge Edward M. Chen ruling that the complaint erroneously equated GMP violations with fraudulent business practices.

The Ninth Circuit Court of Appeals, however, ruled the Campies proved all elements of FCA liability and adequately pleaded a claim for retaliation under the FCA in Gilead’s firing of Jeff, who was dismissed from his quality-control position after threatening to report the company’s use of unapproved ingredients.