Bass, Berry & Sims attorney Jennifer Michael discussed the January 2024 decision by a Virginia federal court brought by the Pharmaceutical Coalition for Patient Access (PCPA) challenging the reach and interpretation of the word “induce” and similar language in the Anti-Kickback Statute. The challenge focused liability related to corruption or intent of the action.
Because a similar case in 2022 failed at the Second Circuit in July 2022 and the Supreme Court refused to take that case last year, Jennifer told Law360 she didn’t think there would be grounds for appeal in the PCPA case.
The full article, “Another Loss For Pharma In ‘Induce’ Kickback Law Challenge,” was published by Law360 on January 19 and is available online (subscription required).