Melissa L. Jampol, a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the firm’s New York office, was quoted in the Bloomberg BNA Health Care Daily Report, in “PharMerica Dodges Whistle-Blower's Drug Kickback Allegations,” by Eric Topor. (Read the full version – subscription required).
Following is an excerpt:
Melissa L. Jampol, a health-care attorney with Epstein Becker & Green PC in New York, noted that the full extent of Silver's reliance on public documents for his allegations wasn't evident until discovery, two years after the court denied an earlier motion to dismiss from PharMerica. Jampol told Bloomberg BNA Nov. 29 the decision to settle or risk the expense of engaging in costly litigation and discovery is “a calculus for defendants” when faced with FCA whistle-blower actions, as “the source of a relator's knowledge often cannot be uncovered by a defendant in a qui tam action until discovery is well underway.”
Jampol said that “given the abundance of FCA actions being filed,” the source of a whistle-blower's knowledge about FCA allegations is “an issue courts will be increasingly looking at.”
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