Regeneron Says Congress Wanted Tougher Kickback Claim Standard

Regeneron Pharmaceuticals Inc. urged an appeals court to impose a higher causation standard in the government’s False Claims Act case alleging a drug kickback scheme.

A Massachusetts federal district court said Sept. 27 that the suit could proceed, but that the government will have to prove that allegedly false claims for reimbursement from Medicare wouldn’t have been made “but for” kickbacks. Both parties agreed that issue needed immediate clarification and convinced the US Court of Appeals for the First Circuit on Dec. 11 to take the case.

The government says that Regeneron funneled money into a charity to reimburse Medicare ...