Medical Device False Claims Act Litigation (U.S. District Court for the Northern District of Alabama)
In a consumer fraud class action and federal False Claims Act litigation, Eimer Stahl represented the manufacturers of blood glucose meters in challenges to the design, efficacy and safety of their products. The class action was filed in the Circuit Court of Madison County, Illinois, alleging false marketing and product liability claims and seeking refunds for millions of dollars of product purchases. Eimer Stahl attorneys secured a summary judgment to dismiss the case and the class claims. In another related lawsuit, Eimer Stahl succeeded through pre-trial motions to transfer a False Claims lawsuit filed in Mississippi to the federal court in Minneapolis, Minnesota, and subsequently succeeded in having the case dismissed with prejudice. The court held that none of the plaintiff's allegations amounted to a material misstatement or omission to the government on which a payment was conditioned, and that allowing plaintiff leave to amend the complaint would be futile. The Eighth Circuit upheld the decision on appeal.
See Roop v. Hypoguard USA, Inc., 559 F.3d 818 (8th Cir. 2009).