Supreme Court Won’t Hear Dismissed Bristol Myers-Squibb/Otsuka Whistleblower Case

May 31, 2018

A lower court’s dismissal of a whistleblower lawsuit against Otsuka and Bristol Myers-Squibb will stand, as the U.S. Supreme Court this week declined to hear the case.

In their initial lawsuit, Jennifer Edwards and Joseph Ibanez accused BMS and Otsuka of violating the False Claims Act through a scheme to market Abilify for off-label uses and paying pediatric and geriatric psychiatrists kickbacks to prescribe the drug.

Last October, the Sixth Circuit affirmed a district court dismissal of the suit, arguing that Ibanez and Edwards failed to prove there was a specific agreement to deliberately violate the FCA.

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