Dismissed!
Posted on January 28, 2004 in Case Analysis
Written by: David B. Honig
A lawsuit brought under the False Claims Act by a whistleblower was dismissed with prejudice by the Federal Court in Mobile, Alabama. The Court found that the whistleblower’s claims failed for two different reasons. First, he only made general allegations and could not point to a single actual claim that was improperly submitted to the government. Second, even assuming the whistleblower’s suspicions proved true, they could not form a basis for a False Claims Act suit, as they did not have any effect on the amount billed to Medicare. The whistleblower’s entire case was based upon a method of bookkeeping and not on any billing submitted to the government or any patients.
The Defendant was represented by David B. Honig, of Hall, Render, Killian, Heath & Lyman.
For more information, please contact David B. Honig at dhonig@hallrender.com or (317) 977-1447.
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