Government urges whistleblower case dismissal

The U.S. Department of Justice reiterated its request for a federal court to dismiss a civil case filed against FDA by six current and former employees who allege the agency illegally monitored their use of government computers. FDA launched an investigation of the plaintiffs in 2010 following leaks to news media about internal agency controversies over approval standards for computerized imaging technology (see BioCentury, July 23, 2012).

In a motion filed on Thursday with the U.S. District Court for the District of Columbia, the Justice department asserted that the plaintiffs are legally precluded from suing the agency until they have exhausted potential administrative remedies. The motion notes that the Office of Special Counsel is investigating complaints against five of the plaintiffs and that separate administrative remedies are available to the sixth. ...