Bass, Berry & Sims attorney Brian Roark provided comments for a Law360 article examining the Department of Justice’s (DOJ) filing of an amicus curiae brief related to the case before the Supreme Court in Gilead Sciences Inc. v. U.S. ex real Campie. The FCA lawsuit was originally brought against Gilead in 2010 by two relators who accused the company of misrepresenting drug ingredients and test results to the government so the company would not lose Medicare and Medicaid reimbursement funding. The government declined to intervene but the relators continued with the case. In the newest development, the DOJ indicated it would move to dismiss the relators complaint if the case is remanded back to the district court due to concerns of “burdensome discovery.”

Brian questioned, “Has something changed between when the government originally declined in the case, which was some years ago, and now? If now their decision is to seek dismissal, why didn’t they do that initially?”

The full article, “5 Key Questions As DOJ Torpedoes Gilead FCA Suit,” was published by Law360 on December 4, 2018, and is available online.

For further analysis of the Gilead case, please read the Inside the FCA blog post, “DOJ Informs Supreme Court that It Will Dismiss FCA Case if Remanded to District Court.”