U.S. EX REL. FRANKLIN v. PARKE-DAVIS

No. 96-CV-11651-PBS.

147 F.Supp.2d 39 (2001)

UNITED STATES of America ex rel. David FRANKLIN, Plaintiff, v. PARKE-DAVIS, DIVISION OF WARNER-LAMBERT COMPANY, Defendant.

United States District Court, D. Massachusetts.

June 25, 2001.


Attorney(s) appearing for the Case

Thomas G. Hoffman, Greene & Hoffman, PC, Thomas M. Greene, Greene & Hoffman, P.C., Boston, MA, for David Franklin.

Robert B. Fiske, Jr., James P. Rouhandeh, James E. Murray, Barbara D. Diggs, Davis Polk & Wardwell, New York City, David B. Chaffin, Hare & Chaffin, Boston, MA, for Parke-Davis.

Thomas E. Kanwit, United States Attorney's Office, Boston, MA, for United States.


MEMORANDUM AND ORDER

SARIS, District Judge.

In this qui tam action under the False Claims Act ("FCA"), 31 U.S.C. § 3729-33, Relator Dr. David Franklin alleges, among other things, that his former employer engaged in a fraudulent scheme to promote the sale of the drug Neurontin for "off-label" uses (i.e., uses other than those approved by the Food and Drug Administration) and that this illegal marketing campaign caused the submission of false...

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