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IN RE BAYCOL PRODUCTS LITIGATION

No. 12-2979.

732 F.3d 869 (2013)

In re BAYCOL PRODUCTS LITIGATION United States of America, ex rel Laurie Simpson, Plaintiff Laurie Simpson, Plaintiff Relator-Appellant v. Bayer Healthcare, doing business as Bayer Healthcare Pharmaceuticals; Bayer Pharmaceuticals Corporation; Bayer Corporation; Bayer A.G., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 15, 2013.

Attorney(s) appearing for the Case

Edward Normand , argued, Armonk, NY, for Appellant.

Adam Hoeflich , argued, Chicago, IL, ( Peter W. Sipkins , Minneapolis, MN, Philip S. Beck and Susan A. Weber , Chicago, IL, James Hemmings, Middleton, WI, Ryan C. Morris , Kristin Graham Koehler , Lowell J. Schiller , and John A. Meiser , Washington, DC, on the brief), for Appellee.

Before LOKEN, BRIGHT, and BYE, Circuit Judges.

BRIGHT, Circuit Judge.

Laurie Simpson appeals the dismissal of the qui tam action she brought against Bayer Healthcare under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733. Simpson alleged Bayer defrauded the United States government through its marketing and sale of the cholesterol-lowering drug Baycol. She claimed Bayer fraudulently caused the government to make reimbursements for Baycol prescriptions through federal health insurance programs...

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