FCA Alert

FCA Alert

Tag Archives: medical necessity

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

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