United States v. Allergan, Inc.

I. BACKGROUND

Barrett filed his Complaint on February 6, 2018. Dkt. 1. The United States Government declined to intervene on October 24, 2018, and on November 1, 2018, the Court ordered that the complaint be unsealed. Dkt. 18. The initial complaint asserted two claims for relief under the federal False Claims Act (“FCA”) and 30 analogous state and local false claim statutes. Dkt. 1. Barrett amended his complaint on August 22, 2018 and again on June 4, 2019. Dkt. 15, 29. The SAC alleges one claim under the FCA and 29 analogous state and local false claim statutes. SAC, Dkt. 29. Allergan develops, manufactures, and sells pharmaceuticals. SAC, Dkt. 29, ¶ 14. During the time period at issue, Allergan manufactured and sold the prescription drug Botox. Id. at ¶ 15. Barrett was employed as a Regional Sales Manager for Allergan from 2008-2018. Id. at ¶ 11. In order to be reimbursed for Botox, providers must first purchase Botox from Allergan and once they use the product, bill the patient, the Government, or insurers. Id. at ¶ 17. The rate the Government pays is determined by the Average Sales Price (“ASP”), a statutorily defined calculation. Id. at ¶¶ 16-18. …