AdvaMed Seeks to Vacate Judgment on False Claims Act Case

The Advanced Medical Technology Association (AdvaMed) has requested the Court of Appeals for the Third Circuit to overturn a District Court judgment that could severely impact patient care. The case in question revolves around a False Claims Act (FCA) case, which AdvaMed argues contains numerous errors in evidence, law, and instruction. Moreover, the association is concerned that the qui tam provision of the FCA may be unconstitutional, as it allows private parties to regulate healthcare.

Key Takeaways:

• AdvaMed is appealing a District Court judgment in a False Claims Act (FCA) case, which they claim contains significant errors in evidence, law, and instruction.
• The association is questioning the constitutionality of the qui tam provision of the FCA, arguing that it gives private parties excessive power to regulate healthcare.
• The case centers around the issue of off-label promotion and prescription of federally reimbursed drugs and devices, which AdvaMed believes should be left to the FDA, CMS, and individual healthcare providers to decide.
• AdvaMed Deputy General Counsel and Senior VP of Legal, Pat Fogarty, stated that the District Court's decision could lead to private parties regulating healthcare, undermining the authority of professional regulators and providers.
• AdvaMed believes that the FCA judgment could have significant and deleterious effects on patient care, impairing the provision of healthcare in the United States.

Statistics:

• AdvaMed is representing the interests of the medtech industry in this case.
• The Court of Appeals for the Third Circuit will review the judgment and explore the constitutionality of the qui tam provision of the FCA.
• The case involves the promotion and prescription of federally reimbursed drugs and devices for unapproved uses.
• The FCA judgment could have a profound impact on patient care, with potential consequences including impaired provision of healthcare services and increased utilization of healthcare resources.

Sources:

• The Advanced Medical Technology Association (AdvaMed)
• Court of Appeals for the Third Circuit
• Ropes and Gray LLP
• Pat Fogarty, Deputy General Counsel and Senior VP of Legal, AdvaMed