A federal judge in Massachusetts dismissed a previous Cardinal Health executive’s qui tam action implicating 5 doctor practices of accepting kickbacks since the claims carefully mirrored those set out in a then-pending grievance versus Cardinal by Omni Health Care.
U.S. District Judge Nathaniel M. Gorton for the District of Massachusetts concluded Sept. 7 that a modified grievance submitted by Michael Mullen, previous senior vice president and basic supervisor of the Cardinal Health Specialized Solutions Group, versus 5 doctor practices, Birmingham Hematology and Oncology Associates, Oncology Specialties, Dayton Physicians, Northwest Medical Specialties, and Health First Medical Group, was disallowed by the “first-to-file guideline” of the False Claims Act.