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Allergan Kickback Claims Dismissed, Whistleblower Can Try Again

May 19, 2022, 1:43 PM

A whistleblower’s claims that Allergan Inc. and Apollo Endosurgery Inc. engaged in a kickback scheme to provide surgeons with free advertising in exchange for purchases of devices used to treat obesity were properly dismissed, a federal court in Maryland said.

Matthew Fitzer’s motion to reconsider the March 22 decision to dismiss his False Claims Act complaint presented no new argument or facts, and no significant law or facts the court overlooked, Judge Judge Stephanie A. Gallagher of the US District Court for the District of Maryland said in a Wednesday opinion.

Fitzer contends that the defendants submitted false claims to ...