Supreme Court weighs whether to review a whistleblower case against Gilead

In a case fraught with implications for the pharmaceutical industry, the U.S. Supreme Court has asked the solicitor general for its views on a lawsuit involving Gilead Sciences (GILD) and what constitutes a material representation by companies that bill the federal government.

The request came in a long-running whistleblower suit that accused the company of misleading regulators about contaminated ingredients used in various HIV medicines and falsifying data to win marketing approval for the drugs.

In that 2010 lawsuit, two former Gilead employees alleged the company defrauded the government  because Gilead did not disclose its drugs were defective and as a result, federal health care programs paid billions of dollars in claims for contaminated medicines.

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