Representation of Long Term Care Pharmacy: U.S. ex rel. McClain v. Nutritional Support Services (D.S.C.)

We served as lead counsel representing a long-term care pharmacy in connection with a qui tam lawsuit alleging violations of the False Claims Act based on allegations that the pharmacy improperly billed Medicare and state Medicaid programs for drugs dispensed in skilled nursing facilities. The district court granted our client’s motion to dismiss, concluding that the relator’s complaint failed to plead falsity and materiality under the FCA and failed to plead in accordance with Rule 9(b). The district court also dismissed the relator’s retaliation claims.