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Mar. 23, 2026

9th Circuit revives FCA suit accusing drugmakers of overcharging government

Appellate court reinstates whistleblower case against major pharmaceutical companies, holding FCA claims can proceed independently of 340B enforcement limits.

The 9th U.S. Circuit Court of Appeals has breathed new life into a pharmaceutical whistleblower lawsuit, reversing a lower court's dismissal of a case alleging that several of the world's largest drug manufacturers overcharged the government by hundreds of millions of dollars.

The opinion written by Judge Roopali H. Desai rejected arguments by pharmaceutical heavyweights AbbVie, AstraZeneca, Novartis, and Sanofi that a qui tam action under the False Claims Act (FCA) broug...

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