VEZEAU, ET AL v. PFIZER, INC.

Filing 131

MEMORANDUM ORDER THAT DEFENDANT'S MOTION TO CERTIFY QUESTIONS FOR INTERLOCUTORY APPEAL (DOC. NO. 126 ), IS GRANTED AS OUTLINED HEREIN. DEFENDANT'S MOTION FOR STAY OF THESE PROCEEDINGS IS GRANTED. ALL PROCEEDINGS SHALL BE STAYED PENDING RESOLUTION OF THE APPEAL. THE CLERK OF COURT IS DIRECTED TO PLACE THIS CASE IN CIVIL SUSPENSE. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 6/22/2017. 6/22/2017 ENTERED AND COPIES FAXED AND MAILED BY CHAMBERS; E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THE UNITED STATES OF AMERICA, et al.,
ex rel. CATHERINE A. BROWN and
BERNARD G. VEZEAU

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v.
PFIZER, INC.

CIVIL ACTION
NO. 05-6795

ORDER
AND NOW, this

22nd

day of

June

, 2017, upon consideration of

Defendant’s Motion to Certify Questions for Interlocutory Review and For Stay (ECF No. 126),
and all documents submitted in support thereof and in opposition thereto, it is ORDERED as
follows:
1.

Defendant’s Motion to Certify Questions for interlocutory appeal is GRANTED.

The Court certifies the following questions for interlocutory appeal pursuant to
28 U.S.C. § 1292(b):
a.
Is it possible for allegations to satisfy the FCA’s demanding
materiality requirement when the government learned about the
allegations more than a decade ago, conducted a multi-year investigation,
and continues to pay the relevant claims?
b.
If a relator “brings a related action” in violation of the FCA’s firstto-file rule, can the relator cure this defect by merely filing an amended
complaint after the earlier-filed lawsuit is no longer “pending?”
c.
Does 42 U.S.C. § 1395x(t)(2)(B) apply to Vfend even though it is
not “used in any anticancer chemotherapeutic regimen?”

2.

Defendant’s Motion for Stay of these proceedings is GRANTED. All
proceedings shall be stayed pending resolution of the appeal. The Clerk of
Court is directed to place this case in civil suspense.

IT IS SO ORDERED.

BY THE COURT:

_________________________
R. BARCLAY SURRICK, J.

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