Third Circuit Rules in Favor of Williams & Connolly Client Medco

February 2018

Williams & Connolly represents Medco Health Solutions Inc. and its subsidiary, specialty pharmacy Accredo, in qui tam False Claims Act litigation relating to alleged violations of the Anti-Kickback Statute.  The Relator sued Medco in United States District Court for the District of New Jersey. (U.S. ex rel. Greenfield v. Medco Health Solutions, et al., No. 12-522 (D.N.J.)).  The district court granted defendants’ motion for summary judgment, dismissing all of Relator’s claims with prejudice.  The court held that the alleged kickback, standing alone, was not sufficient to render all claims false. Rather, the relator was required, but failed, to establish any connection between the alleged kickback and the payment of any specific claim.

The Relator appealed this decision and oral argument was held before the Third Circuit on September 27, 2017.  The Third Circuit issued its opinion on January 19, 2018, affirming summary judgment in favor of Medco.  The court’s decision concludes that “Greenfield failed to provide evidence of even a single federal claim for reimbursement by Accredo that was linked to the alleged kickback scheme.”

The team representing Medco includes Enu Mainigi, Craig Singer, Jennifer Wicht, Paul Boehm, Neelum Wadhwani, Dan Dockery, Tanya Abrams and Michele Chen.

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