US Supreme Court rejects J&J units appeal for cert in kickback case
Monday, June 21, 2010 at 09:45AM In a case that has more then a little interest to the Legal Broadcast Network audience, the US Supreme Court today denied certiorari to Ortho Bio-Tech, a Johnson & Johnson unit, that is alleged to have engaged in a substantial kick back scheme related to it's sale of Procrit. 
US Supreme Court
The Courthouse News story here
The case name in the trial court is Duxbury vs Ortho and will now be sent back to the US District Court in Boston, MA where Judge Rya Zobel will now rule on any remaining issues and likely set a discovery schedule and trial date.
This case could potentially be one of the largest Qui Tam, or whistle blower cases in some time if the reported potential damages are in fact validated at trial. The question now is that given the Supreme Court ruling and earlier Solicitor General opinion supporting the rejection of the J&J appeal, is whether the US Attorney's office will now view this as a case they need to enter.
We look to have the attorney's for the late Mark Duxbury on Speaking of Justice later today or tomorrow to discuss the implications of this ruling and to look ahead at the next steps in this substantial Medicare fraud case.
