Medco On a Losing Streak in Court

During October 2004, Magistrate Judge Peter Scuderi issued a series of rulings that consistently rejected the positions advanced by defendant Medco Health Solutions in the qui tam case currently pending against it in the Eastern District of Pennsylvania (Philadelphia).

In five rulings, Judge Scuderi

  • rejected Medco's motion arguing that the government's and relators' response to Medco's First Set of Interrogatories were improper. The Court, however, did require the plaintiffs to supplement certain responses by identifying specific individuals, if known. (Memorandum and Order, Oct. 6, 2004)

  • granted plaintiffs' motion to compel testimony from Medco former employee Susan Elliott, rejecting Medco's argument that such testimony was protected from disclosure by the attorney-client privilege. (Memorandum Order, Oct. 12, 2004)

  • denied Medco's motion seeking to compel testimony of a designee of the United States under Rule 30(b)(6), agreeing with plaintiffs that the testimony should be sought through interrogatories. (Memorandum Order, Oct. 13, 2004)

  • rejected Medco's efforts to depose employees of the Department of Veterans Affairs who had no knowledge relevant to the facts of the case and granted plaintiffs' motion for a protective order. (Order, Oct. 18, 2004)

  • rejected Medco's attempt to limit the discovery schedule by granting plaintiffs' motion to extend discovery deadlines. The judge's Order now requires fact discovery to be completed by November 29 and trial to begin in mid-May 2005. (Order, Oct. 19, 2004)

In this case, which was originally filed in February 2000, relators and the government allege that Medco violated the False Claims Act by, among other things, fraudulently switching drugs prescribed to Medicare beneficiaries without their knowledge and to the detriment of the Medicare program. Relator Joseph Piacentile is represented in the action by Kreindler & Associates and Boies, Schiller & Flexner.



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