Patel Quoted on Qui Tam Appeal in Third Circuit
Bloomberg Law
Health Care Industry Co-Leader Nadia Patel was quoted on Johnson & Johnson’s Janssen Products LP unit’s appeal to the Third Circuit Court of Appeals to overturn the 2025 jury $1.6 billion verdict — the largest False Claims Act (FCA) judgment in history.
The Third Circuit appeal will target the qui tam provision of the FCA, with Janssen seeking to overturn the verdict holding it responsible for the submission of nearly 160,000 false claims to the government through the unlawful promotion of the antiviral drugs Prezista and Intelence.
Nadia said that the court “faces significant institutional pressure not to be the first circuit to strike down the qui tam provision, particularly where every other circuit that has addressed the issue has upheld it. As such, the Third Circuit is likely to resolve the appeal on other grounds.”
Nadia added that Janssen could lead on appeal with its “strongest argument” that the whistleblowers cannot satisfy the FCA materiality requirement.
“The undisputed evidence that the government has continued to pay Prezista and Intelence claims with full knowledge of the allegations is a significant challenge to the relators’ materiality case,” she said.
Read the full article here.
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