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Judge Rules Biogen Must Face Federal Portion of FCA Complaint

May 1, 2018

A Massachusetts judge ruled that Biogen must face a False Claims Act lawsuit brought by former employees alleging the company paid healthcare providers kickbacks to prescribe Biogen’s multiple sclerosis products, including Avonex, Tecfidera and Tysabri.

The plaintiffs claimed the company held dozens of consulting meetings with hundreds of doctors, all of whom were paid consulting fees for attending; the attendees were selected not for expertise but for their prescribing volume and influence among peers, and that the company retained far more consultants than necessary.

In 2009 and 2010, the plaintiffs claim, Biogen paid 1,500 physicians and nurses $18 million to write prescriptions that accounted for about 60 percent of the MS market, overruling concerns within the company’s compliance department that they were holding excessive meetings and making excessive payments.

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