Brian P. Dunphy

Brian P. Dunphy

Mintz Levin

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Latest Posts › Prescription Drugs

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First Amendment Protects Truthful Off-Label Speech by Drug Manufacturers

Pharmaceutical manufacturers have likely taken note of Amarin Pharma Inc.’s recent success in a pre-enforcement legal challenge against the Food and Drug Administration (FDA or the Agency). On August 7, 2015, Amarin obtained...more

8/18/2015 - Commercial Speech Drug Manufacturers FDA FFDCA Free Speech Misbranding Off-Label Promotion Pharmaceutical Manufacturers Preliminary Injunctions Prescription Drugs

The Seventh Circuit Rejects Medicaid False Claims Act Suit

The United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a False Claims Act (“FCA”) case against Shopko Operating Stores, LLC, in which a former Shopko pharmacist asserted Medicaid billing...more

11/19/2014 - Appeals False Claims Act Medicaid Pharmacies Prescription Drugs Qui Tam

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act (FCA) Cases: May 2014

Trends & Analysis: ..We have identified 58 health care–related qui tam cases that have been unsealed since our last Qui Tam Update. Of those, 33 cases were initiated after the start of 2012, with the remaining 25 cases...more

5/23/2014 - Clinical Laboratories Diagnostic Imaging Services FCA Healthcare Hospitals Laboratories Pharmacies Physicians Prescription Drugs Qui Tam

Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed Cases

Trends and Analysis: ..We have identified 21 health care–related qui tam cases unsealed since last month’s Qui Tam Update. Of those, two were filed in 2013, 15 were filed in 2011 or 2012, and four were filed in 2010 or...more

11/1/2013 - Anti-Kickback Statute False Billing False Claims Act Healthcare Off-Label Promotion Pharmaceutical Prescription Drugs Qui Tam Relators Sealed Records

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