U.S. ex rel. Campie v. Gilead Sciences, Inc.
- Case Date: 8/31/2017
- Project Name: Civil Justice Reform
On August 31, 2017, WLF filed a brief in the U.S. Court of Appeals for the Ninth Circuit, urging it grant rehearing en banc in a case raising important issues under the False Claims Act (FCA). WLF argued that the initial panel decision adopted an overly lenient “materiality” standard for FCA claims, facilitating the filing of unwarranted claims against government contractors. WLF argued that when a contractor submits a claim for payment despite allegedly failing to comply with applicable regulations, its allegedly false claim is not “material,” and thus not an FCA violation, unless the private citizen filing the claim demonstrates that the government likely would not have paid the claim had it been aware of the alleged infraction. In this case, the relator asserts that a drug manufacturer violated the FCA based on alleged noncompliance with FDA “good manufacturing practices” regulations, yet the government continued to pay for the drugs even after learning of the alleged violations.
More Information and Downloads:
8/31/2017: Download the Brief