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Eli Lilly Verdict Offers Insight Into FCA Scienter Battle

by scceu0214

By Leah Judge and Marlene Koury (August 30, 2022, 6:10 PM EDT) — Earlier this month, a Chicago jury in the U.S. District Court for the Northern District of Illinois returned a $61 million verdict for the relator in the False Claims Act case U.S. v. Eli Lilly and Co.[1]

It took the jurors only five hours to decide that Eli Lilly had cheated the Medicaid Drug Rebate Program out of tens of millions of dollars by reporting false drug pricing data.

Although the size of the verdict is significant, perhaps more important is that the relator’s allegations made it to a jury at all, beating back Eli Lilly’s challenge under the U.S. Court of Appeals for the…

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