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Darity v. C.R. Bard Inc.

No. 06-cv-0208-SCJ (2006)

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Darity v. C.R. Bard Inc.

United States District Court for the Northern District of Georgia

No. 06-cv-0208-SCJ (2006)

Facts

C. R. Bard Inc. (Bard) (defendant) manufactured and sold medical technologies, including brachytherapy seeds, which were used to treat certain types of cancer. Bard induced customers to purchase brachytherapy seeds, offering free training programs, rebates, and research grants to popularize its brachytherapy seeds. Bard was then able to increase the price of its brachytherapy seeds. Because many of Bard’s customers were hospitals, the federal government ultimately paid for the brachytherapy seeds through Medicare and Medicaid programs. Julie Darity (plaintiff) was employed by Bard as the manager of brachytherapy-contracts administration. Darity brought a qui tam action under the False Claims Act, alleging that Bard defrauded the government and violated the Anti-Kickback Statute by offering kickbacks to customers who purchased brachytherapy seeds when much of the payment for the brachytherapy seeds was made by the federal government.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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