United States, ex rel. Leslie Steury v. Cardinal Health, Inc., et al., No. 12-20314 (5th Cir. 2013)
Annotate this CasePlaintiff filed a third amended complaint against Cardinal under the False Claims Act (FCA), 31 U.S.C. 3729-3733, based on an implied false certification of "merchantability" by Cardinal to the VA in connection with the sales of Cardinal's Signature Edition Infusion Device (Signature pump). In regards to plaintiff's implied false certification theory, plaintiff's new allegations that merchantability was a "standard condition," or material condition, of Cardinal's contract with the VA, or that the VA would not have paid for the Signature pumps had it known of the defect, were deficient under Rule 9(b). In regards to plaintiff's claim that the Signature pumps were worthless goods, plaintiff failed to allege that any Signature pump sold to the VA over nine years was ever found to be deficient or worthless; failed to allege that any patient was harmed due to the use of the Signature pump at a VA hospital; and that the VA was ever sued due to injury caused by a malfunctioning pump. Accordingly, the court concluded that plaintiff failed to plead her claims with sufficient particularity and affirmed the district court's dismissal of the complaint.
The court issued a subsequent related opinion or order on August 21, 2013.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.