Federal Courts Continue to Grapple with Causation in Anti-Kickback-Based False Claims Act Cases

Courts around the country continue to disagree on the causation standard to be applied in False Claims Act cases based on alleged Anti-Kickback Statute violations.  Two recent federal district court decisions out of the District of Massachusetts, United States v. Regeneron Pharms., Inc., No. 20-11217-FDS, 2023 WL 7016900 (D. Mass. Oct. 25, 2023) and United States v. Teva Pharmaceuticals USA, Inc., No. 20-11548-NMG, 2023 WL 4565105 (D. Mass. July 14, 2023), add to differing conclusions on what the causation standard should be, i.e., “but-for,” “exposure,” or some other, less demanding standard. Squire Patton Boggs attorneys Vipal Patel, Kevin Kumar, and Shams Hirji discuss these cases on our Global Investigations & Compliance Review Blog, available here.