Defendant’s Challenge to Allegedly Vague Regulatory Guidance Fails; United States District Court for the Eastern District of Pennsylvania No. 12-175, 13-1776, U.S. ex rel. Charles Strunck et al. v Mallinckrodt Ard LLC

The district court denied the defendant’s motion to dismiss a qui tam complaint alleging violations of the FCA via the Anti-Kickback Statute, finding that the government had adequately pled the company had improperly funded and controlled a patient assistance program for the sole purpose of paying copayments for patients prescribed an expensive treatment for multiple sclerosis.