Gilead Whistleblowers May Be Well Placed to Fight DOJ Dismissal
The U.S. Justice Department is expected to try to end a false claims case against Gilead Sciences Inc. as being disruptive to the Food and Drug Administration.
The Campies' case alleges Gilead defrauded the federal government by misrepresenting the contents of its HIV drugs to the FDA.
The Justice Department, to end the suit, "will need to show both a valid government purpose and a rational relationship between the dismissal and that purpose," said attorney Justin Chiarodo of Blank Rome LLP in Washington.
The Campies "will then have the chance to establish the dismissal action was fraudulent, arbitrary and capricious, or illegal. Though not unfettered, this is a highly deferential standard, he said.
"Gilead Whistleblowers May Be Well Placed to Fight DOJ Dismissal," by Daniel Seiden was published in Bloomberg Law on January 16, 2019.