Massachusetts Federal Court Again Dismisses Whistleblower Lawsuit Against Millennium Laboratories

Millennium, gratified by the final ruling, continues to lead industry initiatives to implement higher compliance standards and ethical business practices

Jan 30, 2014, 08:00 ET from Millennium Laboratories, Inc.

SAN DIEGO, Jan. 30, 2014 /PRNewswire/ -- U.S. District Judge Rya Zobel ordered the complete dismissal of a whistleblower suit brought by a former Calloway Laboratories' senior officer against Millennium Laboratories, a leader in the science of medication monitoring and pharmacogenetic testing. Although the Department of Justice had repeatedly asserted that it would not intervene in the lawsuit, and consented to the suit's initial dismissal in 2012, the civil suit continued for nearly two years. By entering final judgment in Millennium's favor and foreclosing any further amendment, the court closes a case that has been funded and used by Millennium's competitors in efforts to gain advantage in the marketplace.   


After five years of litigation, Judge Zobel, in dismissing the whistleblower complaint, wrote that it set forth "no facts describing the circumstances of any unnecessary testing, or the dates when such occurred, or the amounts and dates of any improper claims" and "no allegations of an agreement between defendant and any physician to defraud the government." 

Millennium has led a series of initiatives to address industry-wide ethical practices, including providing an unrestricted grant to Dr. Richard Payne of Duke University for the purpose of convening drug testing laboratories and other stakeholders to establish voluntary ethical business practices that meet or exceed federal and state regulations. The outcome of that effort will be announced in February. Millennium has also engaged prominent fraud, abuse, and compliance experts, including Lewis Morris, chief counsel to the HHS Office of Inspector General from 2002-2012, and Dick Kusserow of Strategic Management Systems, a former HHS Inspector General, to examine the company's comprehensive compliance program and evaluate its adherence to OIG's Compliance Program Guidance for Clinical Laboratories. Millennium's Compliance Policy is available at

About Millennium Laboratories

Millennium Laboratories, a leader in the science of medication monitoring and pharmacogenetic testing, is transforming the way health care professionals monitor and manage their patients' medication therapy. Through the use of advanced technology, supported by research and education, Millennium helps practitioners personalize care for patients. More information can be found at

SOURCE Millennium Laboratories, Inc.