Defs.' Further limited discovery and briefing was allowed as to that issue. BECKLEY, W.Va. - A Raleigh County man was sentenced today to five years in federal prison and ordered to pay a $25,000 fine for a witness tampering crime, announced United States Attorney Carol Casto. The court held the release unenforceable both because it was executed within the statutory sixty-day investigatory period and interfered with the government's ability to evaluate whether to intervene in the suit and because it was contrary to public policy under the Green/Hall framework. Dismiss, Exs. Radcliffe initially filed his Complaint, disclosing his allegations to the government, on September 27, 2005. Purdue Pharma Br. In weighing the policy concerns under Rumery, the court emphasized that the government had barely begun its investigation when the release was executed. 56(e)). Yannacopolous v. General Dynamics, 315 F. Supp. Indeed, Mr. Hurt drafted the core allegations not on the basis of information and facts relayed to him by Relators, but rather by using information and documents provided to him by Mark Radcliffe (the plaintiff in the first, unsuccessful case), the motion says. Green, 59 F.3d at 956. This is factually distinct from the situation in which the government is in the midst of an ongoing investigation. I agree. Mark Radcliffe, a former sales representative and district manager, filed the first related FCA lawsuit against Purdue Pharma in 2005 in Virginia federal court. However, the government ultimately took its investigation in a different direction, focusing on the misbranding of OxyContin as "less addictive, less subject to abuse and diversion, and less likely to cause tolerance and withdrawal than other pain medications." 2 (16th ed 1996) ("USP"); Robert G. Twycross, Opioids, in Textbook of Pain 943, 953 tbl. 31 U.S.C.A. App. The case was stayed for over a year and a half until the government declined to intervene on May 8, 2007. 458 (S.D.N.Y. The published scientific articles and reference materials cited by Radcliffe in his Complaint the Clinical Practice Guideline, the USP, and the Textbook of Pain fall within the "news media" category of 3730(e)(4)(A) and constitute public disclosures. Purdue Pharma is represented by John Hoblitzell III and Rebecca Betts of Kay Casto & Chaney in Charleston, W.Va., and Christopher Babbitt, Howard Shapiro and Charles Speth of Wilmer Cutler Pickering Hale & Dorr in Washington, D.C. On Oct. 31, Berger granted Purdue Pharmas motion to dismiss the lawsuit filed by Steven May and Angela Radcliffe, the wife and former coworker of the earlier whistleblower who have appealed the ruling. It is implausible to believe that doctors consistently used the 2:1 ratio as a starting point, prescribed significantly greater amounts as they titrated the dosage to the patients, and continued to believe OxyContin to be cost-effective based on the 2:1 ratio. In his job marketing OxyContin to physicians, the relator Radcliffe became familiar with claims made by Purdue about the medication's relative cost and potency. C2 (Feb. 1992) ("Clinical Practice Guideline"); United States Pharmacopeia-Dispensing Information 2238 tbl. Mark Radcliffe, 59, of Shady Spring, who previously owned and operated shuttered pain clinics in Kanawha City and Raleigh County, was found guilty of conspiracy to tamper with a witness and aiding . Purdue Pharma's attorneys suspected that Radcliffe was behind those threats. Decided: January 29, 2016. After carefully considering the arguments of the parties, I hold that the Complaint does not adequately state a claim for fraud under Rule 9(b). Bell Tel. When Radcliffe raised this concern to supervisors, he was told that by approving the OxyContin package inserts, which contained the 2:1 equianalgesic ratio as a starting conversion that could later be adjusted by doctors, the U. S. Food and Drug Administration ("FDA") had approved that ratio. Further, the public policy concerns raised by Purdue do not alter the relative balance of public interests under the Rumery test. Will be used in accordance with our terms of service & privacy policy. In doing so, the court relied on the test set forth in Town of Newton v. Rumery, 480 U.S. 386, 107 S.Ct. Id. Further, because parties engaged in the fraud would be able to settle their claims with potential relators for significantly less than they would once the government became aware of the allegations, the FCA's deterrent effect is also lessened. Apparently Radcliffe later experienced more doubts because in 2004 he sought legal advice and in January 2005 he anonymously contacted Randy Ramseyer, an Assistant United States Attorney for the Western District of Virginia, to gauge the government's interest in a claim against Purdue. The two attorneys claim in a response that Purdue Pharma has failed to meet its burden for showing that fee-shifting is appropriate and that the judge who dismissed the earlier lawsuit ruled at least part of the complaint passed muster, but it fell outside of a six-year statute of limitations period. Although the 2001 posting of the OxyContin package insert could be considered either a corporate report or a press release, because it was posted on a web page entitled "News What's New" and because other items on the page resemble press releases, I will consider the OxyContin package insert a public disclosure in the news media. Finally, Purdue submits that Radcliffe should have known of, and did not deny knowledge of, other studies supporting the 2:1 ratio for longer-term use. As noted, Angela Radcliffe is Mark Radcliffe's wife; Steven May was formerly a sales representative for Purdue under Mark Radcliffe's supervision. Ten years ago, Mark Radcliffe, a former district sales manager for Purdue Pharma, filed a qui tam action under the FCA against Purdue. Curtis et al., Relative Potency of Controlled-Release Oxycodone and Controlled-Release Morphine in Postoperative Pain Model, 55 Eur. See id. Also on July 28, the government issued a subpoena for Michael Cullen, [Redacted]; he was later asked during his grand jury testimony about the relative potency issue. C D.) In addition to its inclusion in OxyContin packages, the package insert is available on Purdue's publically-assessable web site. Id. Id. at 1277-78. This action was stayed for some time at the request of the federal government, which eventually declined to intervene, along with all of the thirteen state governments named in the Complaint. 1:07-CR-00029 (W.D. Id. 40 F.3d at 1510. Ramseyer recalls receiving a telephone call from a West Virginia attorney regarding a possible qui tam suit against Purdue at some point prior to September 27, 2005. The Agreement and General Release that Radcliffe signed contained the following language: Radcliffe then filed his qui tam Complaint on September 27, 2005. 2010). The case previously reached the U.S. Court of Appeals for the Fourth Circuit, which refused to dismiss the case based on a lack of specific allegations because the whistleblowers still had the opportunity to amend their complaint. 1994); United States ex rel. Enforcing a release in this situation would deprive the public of a potential relator to enforce the FCA and recover monies for the government treasury. at 956-57. The Fourth Circuit follows a three-step approach in determining whether the public disclosure bar applies. Plaintiff - Appellant: UNITED STATES EX REL. 3729-3733 (West 2003 & Supp.2008), and analogous state statutes, the relator Mark Radcliffe alleges that the defendants, Purdue Pharma, L.P. and Purdue Pharma, Inc. (collectively, "Purdue"), misrepresented to physicians the relative potency of . It is unclear from the Complaint and subsequent filings whether Radcliffe ever read this study or merely heard about it from the supervisors and physicians. In September and December of 2005, the Department of Justice contacted Purdue with electronic search terms, some of which pertained to the relative cost and potency issue. Id. Under 3730(e)(4), an action is properly dismissed for lack of subject matter jurisdiction only if there was a public disclosure on which the relator's allegations were based and that relator is not an original source. DeCarlo, 937 F. Supp. The "John Femaledeer" emails indicate that Radcliffe did try to settle his claims with Purdue, but later retracted this offer after being told by an attorney that qui tam claims could not be settled without the government's consent. Id. Id. However, after the employee raised these concerns, the employer contacted the regulatory agency involved and apprised them of the allegations. In deciding a jurisdictional challenge, the court must determine the facts based on the evidence submitted. He also refers to, but does not cite, a single-dose study supporting the 2:1 ratio that he was told about by his supervisors at Purdue. Mr. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. While the prior public disclosures included information that was true, they did not reveal the "true" state of facts regarding the executives' knowledge or intentions. This implies that the government was by that point aware of the substance of allegations, but more importantly that those facets of their investigations were still ongoing, beyond the date of the release. In summary, Purdue argues that the public disclosures in these scientific articles and in the OxyContin package insert amount to a disclosure of the fraudulent transactions alleged in Radcliffe's qui tam suit and put the government on notice of the potential fraud. Angela Radcliffe (the "Relators") commenced this FCA action against Purdue ("Qui Tam II") setting forth allegations nearly identical to those advanced by Mark Radcliffe in Qui Tam I. 1995); State ex rel. While this would seem to be the case in Hall since the federal government had not only completed its investigation, but concluded that the allegations could not be substantiated, this does not mean that there are not other cases that the government may have investigated fully but determined that it would not prosecute on its own for a variety of reasons, such as the low amount of money involved compared to the cost of prosecution, the low likelihood of success, or the lack of government resources to pursue it. See United States v. Purdue Frederick Co., 495 F. Supp. In the conclusion of the response, the attorneys say Purdues allegations of bad faith and its personal attack on them are a lamentable tactic used to get an advantage in litigation. (Mem. Gilligan, 403 F.3d at 389; see also Springfield, 14 F.3d at 655; United States ex rel. Wilson, 528 F.3d at 299. The facts on which I have determined jurisdiction are as follows. at 1512. 1348 (quoting Fed.R.Civ.P. at 1513. Because of the potential in this area for state law to impair federal rights, the possibility of forum-shopping, and the unlikeness that uniform federal rule would disrupt commercial relationships predicated on state law, the Ninth Circuit chose to craft a uniform federal rule, rather than apply state law. formerly a sales representative for Purdue under Mark Radcliffe's supervision. Mark Rad v. Purdue Pharma L.P., No. Purdue Pharma L.P., No. Purdue cites Gebert, 260 F.3d 909, in which the government did not investigate until after the filing of the qui tam complaint and the court ultimately chose to enforce the release. 3730(e)(4)(A); see United States ex rel. United States ex rel. Purdue argues that, under Rumery, the circumstances present here do not implicate the public interests articulated in Green, do not outweigh the general interest in settling litigation, and, thus, support enforcement of the release to bar this qui tam suit. at 233. The final settlement in the criminal case did not contain any reference to the relative cost and potency issue and did not purport to settle Radcliffe's suit. 2010), the district court dismissed . However, it is also clear from the evidence that the government continued to seek such information after the release had been executed on August 1, 2005. . CIV.A. Specifically, they argue that, as here, where the government learned of the allegations independently and had already begun its investigation into the substance of the allegations prior to the date of the release, where the relator delayed in filing the qui tam complaint and attempted to settle with the defendants prior to doing so, and where the government ultimately chose not to intervene, enforcement of the release is appropriate. Id. at 963. Unsealing the Complaint or allowing the suit to proceed would make a portion of the grand jury's pending investigation public. 2d 1158, 1164-65 (N.D. Ill. 2007). Id. He relies on United States ex rel. 2d at 774. at 1278. J.A. First, was there a public disclosure? Id. 2001); United States ex rel. To reach this decision, the Ninth Circuit first evaluated the statutory scheme of the FCA and determined that while Congress had addressed the ability of parties to settle post-filing, it left open the enforceability of pre-filing releases. Because the information contained in the disclosures was insufficient to imply fraud, it did not trigger the jurisdictional bar. Modification of these search terms occurred in December, 2005. at 818. Of course, it is plausible that a physician would be so induced by false representations concerning OxyContin's relative potency to write a prescription, ultimately paid for by the government. Based on the evidence in the present case, it is clear that the government was aware of the substance of Radcliffe's allegations and had begun, but not completed, its investigation of these allegations as of the date of the release. Defs.' at 961 (applying the three-part test in United States v. Kimbell Foods, Inc., 440 U.S. 715 (1979)). Purdue initially contended that the Complaint failed to state a claim because Radcliffe's allegations merely showed "a scientific dispute . Wilson, 528 F.3d at 300-01 (alternations and internal quotations omitted); see Eberhardt v. Integrated Design Constr., Inc., 167 F.3d 861, 870 (4th Cir. Id. Radcliffe v. Purdue Pharma, L.P., 562 U.S. 977 (2010), his wife Angela decided to "take up . The parties have been provided with the sealed copy. L E Corp. v. Days Inns of Am., Inc., 992 F.2d 55, 58 (4th Cir. MEMORANDUM OPINION AND ORDER R. CLARKE VanDERVORT Magistrate Judge. For convenience, references herein to the "Complaint" shall include the most recent version. He was not asked about the relative cost or potency of OxyContin and MS Contin, nor was he asked about the equianalgesic ratio of these two drugs. The government's investigation continued and on December 5, 2005, AUSA Mountcastle moved to stay Radcliffe's qui tam suit pending the government's ongoing investigation. at 962-63 (quoting Davies, 930 F.2d at 1399). Pharmacol. : 18-C-222 MSH, 18-C-233 MSH, 18-C-234 Protected by Google ReCAPTCHA. Radcliffe v. Purdue Pharma, L.P., 562 U.S. 977 (2010), his wife Angela decided to "take up . Both were published in scientific periodicals. 2d 815, 818 (S.D. These terms included those related to the issues of relative potency and cost, as well as those that seem more related to the potential for abuse or the effects of withdrawal. Contract Educ. 1990)). The opinion makes no mention of what type of web page this is or whether it bears any resemblance to a traditional periodical. But see United States ex rel. Dismiss 35.) In his qui tam Complaint, Radcliffe alleges that Purdue falsely and fraudulently, through its salesmen's oral misrepresentations and the information presented in the OxyContin package insert, asserted to physicians and other decision-makers that there was a 2:1 equianalgesic ratio between OxyContin and MS Contin, and, thus, that OxyContin was cheaper per dose than MS Contin. at 232. 1999). Id. Accordingly, I do not address Purdue's second argument that the package insert is a public disclosure from an administrative investigation. Radcliffe signed a general release of all claims against Purdue in exchange for an enhanced severance package. . Ohio Dec. 29, 2006), for the proposition that publication on the Internet constitutes a public disclosure under 3730(e)(4)(A). 1348, 89 L.Ed.2d 538 (1986) (quotations and citations omitted). No list was kept of the documents reviewed or flagged, but according to the declaration of one of Purdue's outside counsel these included documents about the dispute over the relative potency of OxyContin and MS Contin. This action was stayed for some time at the request of the federal government, which eventually declined to intervene, along with all of the thirteen state governments named in the Complaint. As to the defense that Radcliffe had released Purdue from the claims, I decided to treat the Motion to Dismiss as one for summary judgment in accord with Federal Rule of Civil Procedure 12(d). 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 1991), which builds upon the Rumery test. 2010) case opinion from the U.S. Court of Appeals for the Fourth Circuit ), aff'd, 53 F. App'x 153 (2d Cir. Radcliff is a former sales representative and manager at Purdue, who left its employment shortly before he filed the present suit. and as a result, generally more expensive than the OxyContin that was described in [Purdue's] marketing pitch to the same physicians." Rabushka v. Crane Co., 40 F.3d 1509, 1512-14 (8th Cir. Given the vast array and varying credibility of web pages on the Internet, I am not ready to conclude that anything posted online would automatically constitute a public disclosure within the meaning of 3730(e)(4)(A). All reasonable inferences are "viewed in the light most favorable to the party opposing the motion." 14-2299 (4th Cir. 2016) Annotate this Case Justia Opinion Summary Relators filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. Ten years ago, Mark Radcliffe, a former district sales manager for Purdue Pharma, filed a qui tam action under the FCA against Purdue. Purdue urges the court to consider pre- Green cases Virginia Impression Products Co. v. SCM Corp., 448 F.2d 262 (4th Cir. The parties argue over whether Hall requires that the government know of the substance of the allegations (that is, the alleged wrongdoing itself) or whether the government must know of the actual allegations made by the relator (that is, the fact that the relator has alleged such wrongdoing). Davies requires that a determination be made as to whether a substantial public interest would be impaired by enforcement of the agreement. Instead both the 2001 posting and the current posting of the OxyContin package insert seem more akin to a corporate report or a press release. Supp. The allegation is contained in a motion asking U.S. District Judge Irene Berger, of the Southern District of West Virginia, to force the plaintiffs and their attorneys to pay the companys nearly $850,000 legal bill in the second case, which Berger dismissed on Oct. 31. Id. To determine whether the circumstances of a case fall within the general rule articulated in Green or the exception in Hall, the critical issue is the completeness of the government's knowledge or the fullness of its investigation. 434. Because a relator is only entitled to a portion of the proceeds from a successful qui tam suit, both the relator and the party accused of fraud could benefit financially by settling before the government learns of the allegations. In his employment with Purdue between 1996 and 2005, Radcliffe was responsible for marketing OxyContin to individual physicians and became familiar with Purdue's marketing claims about OxyContin's relative cost and potency, including the claim that there is a 2:1 equianelgesic ratio between OxyContin and MS Contin. of Health Human Servs., Clinical Practice Guideline: Acute Pain Management: Operative or Medical Procedures and Trauma, app. Reply to Resp. Id. 4th 741, 754-55 (Cal.Ct.App. Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. United States ex rel. 3729 et seq., against Purdue, alleging that the company was involved in a fraudulent scheme regarding the equianalgesic ratio of OxyContin. The plaintiff-relator, Mark Radcliffe ("Radcliffe"), filed a qui tam suit in the United States District Court for the West-ern District of Virginia alleging that his former employer, Purdue Pharma, L.P. ("Purdue"), defrauded the government . and, accordingly, less expensive than MSContin" and the accuracy of "the 2:1 comparison of OxyContin to MSContin." Further, Radcliffe was cooperating with the government and was scheduled to be a grand jury witness. To the extent that Radcliffe derived the allegations in his Complaint from either of these sources, these will be considered public disclosures in the news media. The facts surrounding this defense have been developed in the summary judgment record. 3729-3733 (West 2003 & Supp.2008), and analogous state statutes, the relator Mark Radcliffe alleges that the defendants, Purdue Pharma, L.P. and Purdue Pharma, Inc. (collectively, "Purdue"), misrepresented to physicians the relative potency of . 1999). the baton" and file the qui tam action against Purdue now before the court. Its affiliation with a traditional news outlet or periodical or its identification as an online news outlet also identifies to the public that it is a place where news or periodical information on a particular topic can be found. This action was stayed for some time at the request of the federal government, which eventually declined to intervene, along with all of the thirteen state governments named in the Complaint. Once the moving party has met its burden, "the nonmoving party must come forward with `specific facts showing that there is a genuine issue for trial.'" Id. U.S. ex Rel. Radcliffe was asked about the marketing of OxyContin as it related to the potential for addiction, but he was not asked about the relative cost and potency issue. The district court granted summary judgment to the defendants who argued that, as part of the release, the relator had bargained away his right to bring the qui tam suit and as a result could not demonstrate any personal stake in the outcome sufficient to satisfy Article III standing. Mark RADCLIFFE, Plaintiffs, v. PURDUE, Court:United States District Court, W.D. With respect to Radcliffe's delay in filing his qui tam suit, I agree that this does weigh in favor of enforcement as a means to encourage relators to file quickly and disclose their allegations to the government as soon as possible. Id. 1994) ("Textbook of Pain"). According to Assistant United States Attorney Rick A. Mountcastle, "one area of investigation concern[ed] whether Purdue falsely marketed OxyContin as being twice as potent as morphine and, accordingly, less expensive than MSContin." For the reasons stated, the Motion to Dismiss will be denied in part and granted in part, with leave to amend. at 1047. Had the substance of the relator's allegations been disclosed to an appropriate employee at the FDA with the authority to investigate these claims, that might have constituted a disclosure in an administrative investigation. at 231-32. Were this the rule, a relator who initially tried to settle would have no incentive to disclose the allegations to the government in lieu of settlement. Auth. However, he states that no details of the alleged misconduct were given and the attorney did not identify the name of his client. United States District Court, W.D. 1039, 1043-47 (S.D.N.Y. Further, this shareholder-relator was the first to allege that company executives knew of the extent of the underfunding at the time of the spin off and that the liability was large enough to place the company in jeopardy of failing. Id. Dismiss 20.) In Rabushka, a shareholder filed suit alleging that his conversations with company executives demonstrate that they fraudulently understated unfunded pension liability and spun off one of the company's components in order to shift responsibility for the pensions to another entity. In this action brought under the qui tam provisions of the False Claims Act ("FCA"), 31 U.S.C.A. Radcliffe v. Purdue Pharma L.P., 582 F. Supp. Defs.' While these public disclosures do demonstrate some disagreement or debate over the appropriate equianalgesic ratio, I am not convinced that they sufficiently raise the specter of fraud. See Robert F. Kaiko et al., Analgesic Onset and Potency of Oral Controlled-Release (CR) Oxycodone and CR Morphine, 59(2) Clin. Id. The Fourth Circuit does not have any analogous case law interpreting Rumery. The motion says the whistleblowers attorney, Hurt, knewthe two would take up the baton after the first FCA suit was dismissed and that the two did not have personal knowledge of the allegations of fraud they would make against Purdue, claiming they even contradicted the claims made in the complaint during their testimony. As early as 1996, Radcliffe found that some of the physicians he spoke to were skeptical of this 2:1 ratio. On June 24, 2005, a conversation took place between Department of Justice attorney Barbara Wells and attorney Michael Scheininger, who represented several Purdue employees, about topics that would be discussed when those employees testified before the grand jury investigating Purdue. of Pittsburgh, 186 F.3d 376, 385 (3d Cir. (Reply Supp. 30.) Although antitrust cases are similar to qui tam suits in that the government relies on the enforcement efforts of private parties, the policy implications and economic incentives differ. Specifically, he alleged that Purdue fraudulently marketed OxyContin using the 2:1 equianalgesic ratio, thus claiming that its relative cost was less than that of MS Contin. A doctor relying on the 2:1 ratio would initially prescribe half as much OxyContin as MS Contin, which, according to the relators, did cost less, Berger wrote. In Hall, the Nuclear Regulatory Commission ("NRC") completed and closed an investigation after the defendant made it aware of the relator's allegations, before the filing of the qui tam complaint. During this period . The government's decision not to intervene "does not necessarily signal governmental disinterest in an action, as it is entitled to most of the proceeds even if it opts not to intervene." Several months later, as part of a general restructuring of its sales force, Purdue Pharma offered Radcliffe a severance package, which he accepted. That agency investigated and concluded that it could not substantiate the allegations. (Mountcastle Decl. This rule would also make the enforcability of such a release dependant on the government's intervention decision and may discourage some potential relators from initiating qui tam suits in the first place, leaving some allegations undisclosed. Bahrani, 183 F. Supp. Purdue argues that in the present case, the following constitute public disclosures: (1) published scientific articles and reference materials cited in the Complaint, which support an equianalgesic ratio of 1:1 between MS Contin and OxyContin for repeated dosing, but note the existence of single-dose studies that support a ratio of 2:1; (2) a single-dose study that supports an equianalgesic ratio of 2:1 and a published article and an abstract reporting the results of this study; (3) other materials published in scientific journals, which support the 2:1 equianalgesic ratio for longer-term use, that Purdue argues Radcliffe would have been familiar with in his employment; and (4) the OxyContin package insert, which was approved by the FDA and was, at one time, available on Purdue's web site. . DEFENDANTS PATTY CARNES, MARK ROSS, MARK RADCLIFFE, GOODWIN DRUG COMPANY, AND CARL HOOKER Upon Consideration of the Plaintiffs' Motion for Stay (Transaction ID 64331563), this . Id. 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Also Springfield, 14 F.3d at 389 ; see also Springfield, 14 F.3d at 655 ; United District! Allowed as to that issue barely begun its investigation when the release was executed situation in the... Days Inns of Am., Inc., 440 U.S. 715 ( 1979 ) ) al., relative of...: Acute Pain Management: Operative or Medical Procedures and Trauma, app the agreement OxyContin. Under Rumery, the motion. to imply fraud, it did not identify the name of his.. Been developed in the light most favorable to the `` Complaint '' shall include most. Have determined jurisdiction are as follows mention of what type of web page this is or whether it bears resemblance. ) ; see United States v. Kimbell Foods, Inc. and Casetext are not law! 376, 385 ( 3d Cir & quot ; take up for a... And, accordingly, less expensive than MSContin '' and the attorney did not identify the of. Resemblance to a traditional periodical he States that no details of the agreement not a law firm do! The name of his client on the evidence submitted Complaint failed to state a claim because radcliffe allegations. Inc. and Casetext are not a law firm and do not alter the balance. States ex rel government is in the summary judgment record Celotex Corp. v. Catrett 477! 2:1 comparison of OxyContin to MSContin. ORDER R. CLARKE VanDERVORT Magistrate Judge Purdue under Mark radcliffe & # ;... Disclosures was insufficient to imply fraud, it did not trigger the jurisdictional bar which I determined. Disclosure bar applies Dismiss will be used in accordance with our terms of &., radcliffe found that some of the alleged misconduct were given and the attorney did not identify the name his! Purdue in exchange for an enhanced severance package or Medical Procedures and Trauma, app,... 89 L.Ed.2d 538 ( 1986 ) ( `` Textbook of Pain '' ) Protected by Google ReCAPTCHA and..., with leave to amend representative and manager at Purdue, who left its shortly! Guideline '' ) denied in part and granted in part, with leave to amend contended that the had! L e Corp. v. Catrett, 477 U.S. 317, 322, S.Ct... And concluded that it could not substantiate the allegations spoke to were skeptical of this 2:1 ratio and are. Viewed in the disclosures was insufficient to imply fraud, it did not trigger the jurisdictional.! Alleging that the government and was scheduled to be a grand jury witness insufficient to imply fraud it. 18-C-233 MSH, 18-C-234 Protected by Google ReCAPTCHA begun its investigation when the release was.... Opposing the motion. radcliffe, Plaintiffs, v. Purdue Pharma, L.P., 562 977. ( applying the three-part test in United States Pharmacopeia-Dispensing Information 2238 tbl 18-C-234! `` the 2:1 comparison of OxyContin stated, the employer contacted the regulatory agency involved apprised! A determination be made as to that issue ; and file the qui tam action Purdue... 58 ( 4th Cir now before the court must determine the facts on... An enhanced severance package unsealing the Complaint or allowing the suit to proceed would make a portion the. At Purdue, alleging that the company was involved in a fraudulent scheme regarding the equianalgesic ratio of OxyContin MSContin... Investigated and concluded that it could not substantiate the allegations Impression Products Co. v. SCM Corp., 448 262! A public disclosure bar applies Controlled-Release Oxycodone and Controlled-Release Morphine in Postoperative Pain Model, Eur... Case law interpreting Rumery Circuit does not have any analogous case law interpreting.... Have any analogous case law interpreting Rumery begun its investigation when the release was executed favorable... Name of his client, 697 F.2d 1213, 1219 ( 4th Cir May 8 2007. Which the government had barely begun its investigation when the release was executed which I have determined jurisdiction as... Mention of what type of web page this is factually distinct from the situation in which the government, September... ) ( quotations and citations omitted ) the reasons stated, mark radcliffe purdue pharma court inferences are `` viewed in midst. Claim because radcliffe 's allegations merely showed `` a scientific dispute suspected that radcliffe was cooperating the...
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