Bass, Berry & Sims attorney Jennifer Michael provided insight for a Law360 article outlining Pfizer’s request to have the Supreme Court weigh in on the scope of the Anti-Kickback Statute (AKS). Pfizer is challenging decisions by the Second Circuit and a federal district court, claiming that the rulings provide a “staggeringly overbroad” interpretation of the AKS that limits how companies can help patients pay for drugs.
Jennifer noted that there’s no circuit split for the Supreme Court to resolve, adding that it’s unlikely the justices will “determine that the Second Circuit departed so significantly from the accepted and usual course of judicial proceedings” that they should get involved.
The full article, “Pfizer Gives Justices Rare Shot At Scrutinizing Kickback Ban,” was published by Law360 on October 14 and is available online. To read more about this case, specifically the Second Circuit decision, read our Inside the False Claims blog post here.