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U.S. EX REL. COLQUITT v. ABBOTT LABORATORIES

No. 16-10814.

858 F.3d 365 (2017)

UNITED STATES of America, EX REL.; Kevin N. COLQUITT, Individually, Plaintiff-Appellant, v. ABBOTT LABORATORIES, Individually and as Successor-in-Interest to Guidant Corporation; Abbott Vascular Solutions, Incorporated, formerly known as Guidant Endovascular Solutions, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED May 31, 2017.

Attorney(s) appearing for the Case

Christopher S. Hamilton, Esq. , Andrea Lynn Fitzgerald , Meagan Martin , Standly & Hamilton, L.L.P., Kirsten Marisol Castaneda , Alexander Dubose Jefferson & Townsend, L.L.P., Dallas, TX, Kelly R. Bagby, Esq. , Maame Gyamfi , AARP Foundation Litigation, Andrew M. Beato , Stein Mitchell Cipollone Beato & Missner, L.L.P., Washington, DC, for Plaintiff-Appellant.

John Caviness O'Quinn , Kirkland & Ellis, L.L.P., Washington, DC, George W. Bramblett, Jr., Esq. , Haynes & Boone, L.L.P., Dallas, TX, James F. Hurst , Andrew Alan Kassof, Esq. , Counsel, Daniel Siegfried, Kirkland & Ellis, L.L.P., Chicago, IL, for Defendants-Appellees.

Before STEWART, Chief Judge, and HIGGINBOTHAM and COSTA, Circuit Judges.

Relator Kevin Colquitt lost the qui tam war against his former employer Abbott Laboratories in three battles. He pursued three False Claims Act theories based on claims submitted to Medicare by medical providers engaged in the "off-label" use of Abbott's medical stents. A false inducement claim and a claim predicated...

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