FCA Alert

FCA Alert

Monthly Archives: January 2011

Can The Government’s False Claims Act Suit for Defective Cardiac Devices Against Boston Scientific & Guidant Survive A Motion To Dismiss?

Posted in Articles, Settlements
On January 27, 2011, the United States filed its complaint-in-intervention in United States ex rel. Allen v. Guidant LLC et al. (including Boston Scientific), Case No. 0:11-cv-00022 (D. Minn.). The Guidant case involves the events surrounding medical device manufacturer Guidant’s recall of the Prizm 2 and Contak Renewal 1 and 2 cardiac devices in June … Continue Reading

New Initiative To Lead To Increased Investigations Under The New York FCA

Posted in Articles
Earlier today, newly elected New York Attorney General Eric Schneiderman announced a two-part initiative that he claims will lead to increased investigations under the New York False Claims Act. Specifically, Attorney General Schneiderman announced: 1. The New York AG’s office will establish a New Taxpayer Protection Unit to investigate large scale tax fraud and government … Continue Reading

D.C. District Court Dismisses FCA Case Against Contractor Under Rule 9(b)

Posted in Rule 9(b) Decisions
On January 11, 2011, a District of Columbia district court dismissed with prejudice a False Claims Act case against a government contractor under Rule 9(b) in a relator-only action. See United States ex rel. Folliard v. Hewlard-Packard Co., Civil No. 07-1969 (D.D.C.). The Relator, a former HP sales rep that sold information technology products and … Continue Reading

Calfornia Court Dismisses State FCA Case Alleging Reverse False Claims By Bank

Posted in Decisions Interpreting FCA Elements
On January 11, 2011, in State of California ex rel. Joseph McCann et al. v. Bank of America, N.A. et al, a California Court of Appeal affirmed a trial court’s dismissal of an action under the California False Claims Act based on Bank of America’s alleged failure to return to the State credits resulting from … Continue Reading

New Blog: DC Metropolitan Business Law Alert

Posted in Articles
Kelley Drye & Warren is pleased to announce the launch of a new blog on the Kelley Drye website. The DC Metropolitan Business Law Alert (www.dcbusinesslawalert.com) analyzes the key court decisions, statutory and regulatory developments and other legal trends affecting business in Washington, D.C., Maryland and Virginia. The blog is a joint venture between the … Continue Reading

Illinois District Court Denies Summary Judgment for FCA Claims Based Solely On Expert Testimony Regarding Medical Necessity

Posted in Evidentiary Issues
On January 4, 2011, in United States ex rel. Turner et al.v. Michaelis Jackson & Associates, L.L.C. et al., a district court in the Southern District of Illinois denied a defendant’s motion for summary judgment in a False Claims Act case which involves the issue of whether certain ophthalmology procedures performed by the defendant were … Continue Reading

Oklahoma District Court Rules that Violation of Minimum Care Requirement May Trigger an Implied False Certification Claim Under the False Claims Act

Posted in Decisions Interpreting FCA Elements
In United States ex rel. Sanchez-Smith v. AHS Tulsa Regional Medical Center, LLC, No. 05-CV-442-TCK-PJC, 2010 WL 4702270 (N.D. Okla. Nov. 10, 2010), a federal district court in Northern Oklahoma held that the failure to provide the minimum number of therapy hours to psychiatric patients required under state health care regulations can provide grounds for … Continue Reading

DOJ Settles With Seven More Hospitals To Resolve Medicare Claims For Kyphoplasty

Posted in Articles
The DOJ announced today that it has reached $6.3 million in settlements with seven more hospitals to resolve allegations that the hospitals overcharged Medicare for kyphoplasty procedures. A kyphoplasty is a surgical procedure to treat spinal compression fractures associated with osteoporosis and cancer. As we reported earlier, in 2008, the DOJ settled a qui tam … Continue Reading
.