Bass, Berry & Sims attorneys John Kelly, Julia Tamulis and Robert Platt authored an article for Life Science Compliance Update outlining key developments related to False Claims Act (FCA) settlements in the life sciences industry thus far in 2017. As the authors indicate, "Several significant False Claims Act settlements and judgments in the first six months of 2017 suggest this year will result in the eighth year of over $3 billion in FCA recoveries." Additionally, recent judicial decisions in FCA suits have further refined the test outlined in the Supreme Court's 2016 Escobar decision, statistical sampling has resulted in significant FCA judgments, and the government continues to explore new frontiers for FCA liability.
While these and other developments will continue to impact cases in 2017, "these noteworthy developments will undoubtedly shape FCA case law in the remainder of 2017 and for years to come. Moving forward, industry officials should continue to monitor developments to ensure that existing compliance procedures remain adequate to address the numerous and varied challenges that arise in the FCA context."
The full article, "False Claims Act Mid-Year Review: Significant Life Science Settlements, Post-Escobar Developments & Industry Round Up," was published in the September 2017 issue of Life Science Compliance Update and is available online (subscription required).