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McKesson Whistleblowers Opioid FCA Suit Sunk By Escobar
Law360 (February 17, 2021, 3:33 PM EST) A federal magistrate judge has permanently tossed accusations that McKesson Corp. falsely told the government it complied with security protocols to stop opioid diversion, finding the claims don t pass muster under the U.S. Supreme Court s landmark 2016 Escobar decision.
U.S. Magistrate Judge Donna M. Ryu on Tuesday dismissed with prejudice the False Claims Act lawsuit brought by former McKesson employees Carl Kelley and Michael McElligott.
Citing Escobar and successive Ninth Circuit case law, the judge said that Kelley and McElligott would have to show that McKesson made specific representations about what it was providing in its claims for payment if they.