Gill’s access as a former compliance director also gave him unique insight into the company’s practices. His claims against CVS subsidiary Coram, which provides infusion therapy services, were allowed to move forward based on sample contracts Gill provided, even though CVS argued he lacked a “representative example” of fraud.
CVS $200M Federal Claims : Dismissed Claims and Critique of Whistleblower
Despite allowing some claims to proceed, the judge dismissed others, including allegations that CVS improperly accepted drug manufacturer coupons and shipped prescription drugs without proper state licenses. Judge Seeger ruled that the coupons did not constitute illegal kickbacks and found that the shipping issue was already public knowledge, which barred it under the FCA.
Additionally, the court dismissed Gill’s claim under the Illinois Whistleblower Act, criticizing his vague use of passive voice, which failed to identify the specific individuals responsible for his alleged “intolerable work conditions.”
Looking Ahead
CVS now faces the continuation of some of the most serious allegations in the case. Gill’s attorney, Daniel R. Hergott, expressed satisfaction with the ruling, stating, “We are eager to move forward and show a jury the evidence supporting these claims.”
