FCA Alert

FCA Alert

Tag Archives: PPACA

Quality Of Care Cases Under The False Claims Act: Pointers For The Defense (Part III Of III)

Posted in Articles, Decisions Interpreting FCA Elements, Relator Issues
This is our final post on United States ex rel. Blundell v. Dialysis Clinic, Inc., No. 5:09-cv-00710 (N.D.N.Y. Jan. 19, 2011), a qui tam action against a dialysis treatment center based on alleged quality of care issues that was recently dismissed pursuant to Rules 9(b) and 12(b)(6).  In the Dialysis Clinic case, the relator, a… Continue Reading

U.S. Moves to Intervene in FCA Action Against Wyeth and Pfizer

Posted in Investigations
On September 21, 2010, the United States moved to intervene in a qui tam action filed by two former Wyeth sales employees. The relators’ complaint, originally filed on December 16, 2005, and most recently amended on May 24, 2010, alleges that Wyeth engaged in improper off-label marketing and promotion of the immunosuppressant drug Rapamune (generic name… Continue Reading

Public Disclosures in Civil Complaints and Media Bar Relator’s Action

Posted in Relator Issues
In United States ex rel. Poteet v. Bahler Medical, Inc., No. 09-1728, 2010 WL 3491159 (1st Cir. Sept. 8, 2010), the First Circuit affirmed the dismissal of a relator’s qui tam action.  The relator brought the action against 120 spine surgeons and 18 medical device distributors, making allegations surrounding the promotion of a medical device… Continue Reading