An “elaborate series of falsehoods, misrepresentations, and deceptive
conduct” perpetrated by a relator’s counsel culminated last Friday with
dismissal of a relator’s False Claims Act complaint by the U.S. District Court
for the District of Massachusetts. In U.S. ex rel. Leysock v. Forest Labs., Inc., No. 12-11354, 2017 WL 1591833 (D. Mass. Apr. 28. 2017), relator alleged off-label promotion of an Alzheimer drug, and to get over the Rule 9(b) “hump,” relied on a purported nationwide study of physician prescribing practices for the medication. The study results were featured prominently in the complaint – including details about particular physicians and patients. Turns out, however, that the “study” at issue was sponsored and directed entirely by relator’s counsel under false pretenses.