Simpson v. Bayer Healthcare, et al., No. 12-2979 (8th Cir. 2013)
Annotate this CasePlaintiff alleged that Bayer defrauded the United States government through its marketing and sale of the cholesterol-lowering drug Baycol. On appeal, plaintiff challenged the dismissal of the qui tam action she brought against Bayer Healthcare under the False Claims Act (FCA), 31 U.S.C. 3729-3733. Based upon the court's review of plaintiff's allegations regarding the Department of Defense (DoD) contracts, the court concluded that her complaint satisfied Rule 9(b)'s requirements and survived a motion to dismiss under Rule 12(b)(6). Accordingly, the court reversed the district court's judgment with regard to her allegations regarding the DoD contracts and remanded for further proceedings. However, the court affirmed the district court's judgment with respect to the allegations involving federal health insurance reimbursement claims under United States v. ex rel. Roop v. Hypoguard USA, Inc.
Court Description: Civil case - False Claims Act. In a qui tam action alleging Bayer defrauded the U.S. government through its marketing and sale of the cholestrol drug Baycol, the district court did not err in dismissing the claims relating to federal health insurance programs such as Medicare and Medicaid; but the court erred in dismissing the claims that Bayer fraudulently induced the Department of Defense to enter into two contracts to purchase the drug, and the case is remanded for further proceedings on that claim. Judge Loken, concurring in part and dissenting in part.
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