DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122979P.pdf 10/15/2013 Laurie Simpson v. Bayer Healthcare
U.S. Court of Appeals Case No: 12-2979
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bright, Author, with Loken and Bye, Circuit Judges]
Civil case - False Claims Act. In a qui tam action alleging Bayer
defrauded the U.S. government through its marketing and sale of the
cholestrol drug Baycol, the district court did not err in dismissing the
claims relating to federal health insurance programs such as Medicare and
Medicaid; but the court erred in dismissing the claims that Bayer
fraudulently induced the Department of Defense to enter into two contracts
to purchase the drug, and the case is remanded for further proceedings on
that claim. Judge Loken, concurring in part and dissenting in part.