Bayer and J&J beat FCA lawsuit over antibiotic claims

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By Jeannie O’Sullivan (April 1, 2022, 5:15 p.m. EDT) – A federal judge in New Jersey has launched a lawsuit that tam accuses Bayer Corp. and Johnson & Johnson of defrauding federal insurance programs over antibiotic labeling deficiencies, saying the complaints need further clarification to move forward.

In a ruling on Thursday, U.S. District Judge Esther Salas agreed with the drug companies’ argument that Charles L. Bennett’s complaint, which was directed at the defendants’ failure to disclose potential side effects of Cipro and Levaquin, did not plead the element of falsity. of the Misrepresentation Act.

“First, the Amended Complaint does not distinguish between Bayer and J&J – two separate entities…

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