Wednesday, November 19, 2008

Is this the "End of the Line", for Dr. Feldstein's Qui Tam (False Claims Act) Suit v. Organon?

I will likely add some graphics later here, but according to a filing today in the New Jersey federal district courthouse in The United States of America v. Organon, made by Lowenstein Sandler, on behalf of Organon, it would seem that Dr. Feldstein's suit has run aground.

Today, the defendants made a motion to supplement the record in this case -- it seems a previously-sealed separate New Jersey state court employment case file -- involving Dr. Feldstein's other claims against Organon -- was unsealed on November 14, 2008.

And it would seem to contain sworn statements, made by Dr. Feldstein, himself, that are "at variance" with statements made in his federal case -- the False Claims/Qui Tam case.

Here is the brief in support of the motion to supplement the record (a PDF-file; see pages 6 and 7, particularly) -- but on its face, it would seem to be a very-large roadblock to Dr. Feldstein's recovery under the federal False Claims Act.

Yes -- this would plainly be good news for Schering-Plough, as it now owns the Organon businesses that are at the heart of these matters. It won't right any ships, but it likely patches one hole below the water-line:

Here is some background, and some more background, on this suit.

1 comment:

Anonymous said...

You have to be 'first to file', with, 'original information, with Qui Tam False Claims Act Cases. It is essential. He acknowledge his information is not original.