False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict

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Host Jonathan Porter welcomes Tynan Kugler, Principal with PYA, P.C., and Mara Smith Kouba, legal and compliance counsel with Bristol Myers Squibb, to discuss a recent False Claims Act trial verdict from a New Jersey federal court. United States ex re Penelow et al. v. Janssen Products, LP was decided on June 13, 2024, resulting in potential damage awards of over $1 billion. The case is awaiting appeal.

Our discussion centers on the financial See more +

Host Jonathan Porter welcomes Tynan Kugler, Principal with PYA, P.C., and Mara Smith Kouba, legal and compliance counsel with Bristol Myers Squibb, to discuss a recent False Claims Act trial verdict from a New Jersey federal court. United States ex re Penelow et al. v. Janssen Products, LP was decided on June 13, 2024, resulting in potential damage awards of over $1 billion. The case is awaiting appeal.

Our discussion centers on the financial relationships that life sciences companies have with physicians and the potential risks inherent in those relationships. We dissect the Penelow case and the legal theories at play from both the relator and defense perspectives, including how they concern the use of a speaker network program and the ‘one-purpose’ theory of the Anti-Kickback Statute. We then pivot to what the Penelow verdict means for compliance programs and risk management practices. See less -

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