Litigation > False Claims Act/Qui Tam Defense > State FCA Resource Center > J&J and Boston Scientific Dismissed From Texas Off-Label Marketing False Claims Act Suit
11 Apr '13

J&J and Boston Scientific Dismissed From Texas Off-Label Marketing False Claims Act Suit (January 17, 2013): On January 17, 2013, U.S. District Judge Barbara Lynn dismissed defendants Johnson & Johnson and Boston Scientific Corporation from an off-label marketing qui tam action, U.S. ex rel. Colquitt v. Abbott Labs., No. 3:06-cv-01769 (N.D. Tex., filed Sept. 26, 2006), alleging violations of the federal False Claims Act and the Texas Medicaid Fraud Prevention Act.  The qui tam plaintiff, a former Guidant sales director, alleged that the defendants engaged in off-label marketing of vascular stents.  Judge Lynn found that the plaintiff did not pled facts sufficient to establish that Johnson & Johnson or Boston Scientific were responsible for the allegedly false claims related to their stents.  However, she found that the plaintiff sufficiently pled that he had direct knowledge of Guidant’s alleged off-label marketing and allowed the case to proceed against Abbott Laboratories (as successor-in-interest to Guidant Corporation).