A lawsuit filed by a doctor who has brought repeated whistle-blower lawsuits against different companies had his case against Amgen Inc. thrown out of court, according to a news report on Tuesday.
U.S. District Court Judge Sterline Johnson in Brooklyn, New York ruled that the case brought by Dr. Joseph Piacentiel was unlikely to result in the additional recovery against the Thousand Oaks pharmaceutical company.
Last year, Amgen paid $780 million to settle government charges that it marketed anemia drug Aranesp to cancer patients who were not undergoing chemotherapy, an unapproved use that increased patients' likelihood of death.
Piacentile, a New Jersey physician who runs the website whistleblowersagainstfraud.com, together with a former Amgen executive, refused to accept their $1.8 million portion of settlement and sued for more.
Piacentile maintained he conducted an undercover investigation of Amgen and collected evidence, entitling him to more of the money.
But Johnson ruled that “the government was within its right to determine that further litigation was unlikely to lead to fraud prevention or additional recovery.” The government, in defending its settlement, labeled Piacentile a “professional whistleblower.”
Shares of Amgen closed Wednesday down $1.57 or 1.4 percent, to $113.01 in trading on the Nasdaq.