US ex rel Graves v Plaza Medical Centers Corp

Case No. 10-23382-CIV-MORENO (S.D.Fla. Oct. 8, 2014)

Defendants filed a Motion to Dismiss for failure to plead fraud with particularity. The trial court dismissed without prejudice, finding:

While Relator alleged specific conduct as to 28 patients, it did not offer a basis to even infer that other patients were similarly mis-diagnosed;

• Relator failed to allege any specific facts against each individual defendant; and
• Relator failed to provide evidence of an actual false claim submitted

The Court dismissed a conspiracy claim with prejudice, as it failed to allege “a single fact” to support the existence of an agreement to violate the FCA.