IN RE PHARM. IND. AVERAGE WHOLESALE PRICE LIT.

Civil Action No. 06-11337-PBS, MDL No. 1456, Master File No. 01-12257-PBS.

491 F.Supp.2d 12 (2007)

In re PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION. This document relates to: United States of America ex rel. Ven-A-Care of the Florida Keys, Inc., Plaintiff, v. Abbott Laboratories, Inc., Defendant.

United States District Court, D. Massachusetts.

May 8, 2007.


Attorney(s) appearing for the Case

Michael J. Sullivan, United States Attorney, George B. Henderson, II, Assistant U.S. Attorney, Boston, MA, R. Alexander Acosta, United States Attorney, Southern District of Florida, Mark A. Lavine, Ana Maria Martinez, Ann St. Peter-Griffith, Special Assistant U.S. Attorneys, Miami, FL, Peter D. Keisler, Assistant Attorney General, Michael F. Hertz, Joyce R. Branda, Renee Brooker, Justin Draycott, Gejaa T. Gobena, Civil Division, Commercial Litigation Branch, Washington, DC, for United States.

James R. Daly, Daniel E. Reidy, Jones Day, Chicago, IL, Mark P. Schnapp, Sabrina R. Ferris, Greenberg Traurig, P.A., Miami, FL, for Abbott Laboratories, Inc. and Hospira, Inc.

Sherrie R. Savett, Susan Schneider Thomas, Gary L. Azorsky, Berger & Montague, P.C., Philadelphia, PA, James J. Breen, Alison Simon, The Breen Law Firm, P.A., Miramar, FL, Jonathan Shapiro, Stern, Shapiro, Weissberg & Garin LLP, Boston, MA, for Ven-A-Care of the Florida Keys, Inc.


MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

In this qui tam action, the United States1 seeks to recover losses to the Medicare and Medicaid programs caused by allegedly fraudulent average wholesale prices reported by defendant Abbott Laboratories, Inc., a drug manufacturer, with respect to four of its multi-source generic drugs. The crux of the government's complaint is that Abbott fraudulently...

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