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Defense tries to remove judge in opioid case

The country is in the midst of an opioid crisis. The government has come down hard on those connected with the over-prescription of these highly addictive medications to help hold those who played a role in the crisis accountable and deter similar errors in the future. As a result, the government has filed thousands of lawsuits against medical professionals, drug companies and pharmacies based on allegations of criminal wrongdoing connected to the prescription of opioids that include Anti-Kickback (AKS) violations.

Defense strategies when accused of AKS violations

Those who face such allegations may consider various defense strategies. These strategies may include a review of the billing documents and other evidence to establish the medical professional did not violate the law.

One case has added another legal approach to build their defense strategy. According to The Hill, drug companies and pharmacies are pushing to have a specific federal judge removed from overseeing these lawsuits. The companies have filed court documents requesting a new judge oversee the cases. In the filings, the drug companies and pharmacies question the judge's ability to remain impartial. They state he has made "numerous improper comments to the media" and appears to have a "singular focus on, and substantial involvement in, settlement discussions."

The filings could result in a new, and arguably less biased judge.

Defense is important when accused of AKS violations and health care fraud

Although the government's goal is noble, the reality of its hardline approach can result in false allegations of wrongdoing. Anyone that find themselves under investigation in connection with an opioid case is wise to seek legal counsel. An attorney can review the case and help to build a defense to the government's allegations, better ensuring your rights are protected throughout the process.

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