United States ex rel. Wilson v. Bristol-Myers Squibb, Inc.

In 2006, Michael Wilson, a former Bristol-Myers Squibb Co. (“BMS”) sales presentative, filed a complaint alleging that BMS engaged in off-label promotion of certain drugs, and that these actions caused false claims to be submitted to the government in violation of the False Claims Act (“FCA”). Wilson subsequently entered in a partial settlement agreement with BMS that concluded part of the case. In 2009, Wilson filed a second amended complaint expanding upon his earlier, not settled, allegations against BMS and adding Sanofi-Aventis, U.S., LLC as a defendant. In 2013, the district court dismissed Wilson’s federal FCA claims relating to Plavis and Pravachol because they violated the FCA’s first-to-file rule based on two complaints that were filed before Wilson filed his original complaint. Wilson appealed from the dismissal as well as from the denial of his motion to file a third amended complaint and from denial of his follow-up motion to reconsider. The First Circuit Court of Appeals affirmed, holding (1) the district court properly dismissed the remaining FCA claims because they ran afoul of the first-to-file rule; and (2) the district court was correct in rejecting the third amended complaint. View "United States ex rel. Wilson v. Bristol-Myers Squibb, Inc. " on Justia Law