Monday, December 28, 2020

From Qui Tam to Quistone Kops: Millenium Qui Tam Still Battling Over Who's First

 According to the Department of Justice, October 19, 2015, Millenium Health, a San Diego lab for toxicology and pharmacogenetics, agreed to pay $256M to "resolve allegations" of illegal renumeration, with no admission of wrongdoing - here.  See follow-up at Fierce Healthcare in February 2016 on Millenium's bankruptcy and other fall-out.

It turns out that the Qui Tam ligitants, Cunningham (estate) and McGuire, are still at it in 2020.  It reached a petition to the Supreme Court in 2019 - here.  (Cert denied 1-2020 here).

Complex legal actions have gone back and forth over which party (Cunningham or McGuire) provided the first qui tam evidence to authorities back around 2010.  

The legal machinations are complex and include a Circuit Case decision in May 2019.

Circuit court cert petition 5-2019 here.

"$34M Reversal, First Circuit Redirectors Award to Another," 5-2019 here.

"First to File is Not Jurisdictional," 5-2019 here.

"Second whistleblower is deemed first to file" 8-2019 here.

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An earlier motion to dismiss the whole case in 2013 here.








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