In January we told you about the dismissal of a whistleblower’s lawsuit against a hospital in Mobile, Alabama. The Eleventh Circuit Court of Appeals, in Atlanta, Georgia, affirmed the dismissal today, finding that the whistleblower’s claim lacked the required specificity and that his suspicions, even if proven true, would not state a claim under the False Claims Act. The whistleblower alleged that multiple patients were “billed” for the same vial of drugs. His claim collapsed when he admitted that the alleged “bill” was merely an inventory sheet, and that the actual billing to Medicare did not even include an itemized line for the drugs.

The Hospital was represented by David B. Honig, of Hall, Render, Killian, Heath & Lyman.

For more information, please contact David B. Honig at or (317) 977-1447.