Thursday, July 1, 2010

Alaska Lawyer Files Qui Tam to Challenge State's Prescription of Off-label Drugs

Alaska civil rights attorney Jim Gottstein has filed a novel qui tam suit against Alaska state officials, claiming that their use of a wide variety of prescriptions on poor children amounted to off-label prescribing and fraud against the state Medicaid system, which footed the bill for the prescriptions. Gottstein's complaint has been declined by the federal government, but apparently he is pressing ahead. His qui tam faces a motion to dismiss from state defendants, who claim that the state is free to bill Medicaid for prescriptions for children, even if they are not FDA approved for use in children, and even if they have no indications in any of the three primary published drug compendia which are referred to by the False Claims Act. For more information about this important case, read the rest of Robert Whitaker's article in Psychology Today (below).

Medicating Children_ A “Whistleblower’s” Lawsuit Raises a Novel Legal Question

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