A federal judge in Pennsylvania has allowed claims to proceed against CVS alleging it knowingly sought reimbursement for pharmaceuticals that had lost their efficacy as a result of the company’s shipping process.

In a May 2 opinion, U.S. District Judge Gerald Austin McHugh for the Eastern District of Pennsylvania partially granted and partially denied CVS Health Corporation’s motion to dismiss claims brought under the federal False Claims Act (FCA) and other state and municipal analogues, which allege “that CVS knowingly sought reimbursement from federal, state, and municipal payors for pharmaceuticals that had lost their efficacy as a result of flash freezing during the shipping process.”

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