2008 WL 907432, *2 (S.D.Ill. Case No. 06-CV-662-JPG, April 2, 2008) The FCA whistleblower moved to amend her complaint. The Defendant, Dr. Nayak, objected, arguing that amendment was futile as the amendment still failed to plead with the particularity required by Fed.R.Civ.P. 9(b). The Court, reviewing the proposed amended complaint,... Continue Reading →Tags: David Honig, False Claims Act, FCA, fraud with particularity, Hall Render, Nayak, Rule 9(b)
The Federal Government has reinforced its expanded theory of false claim liability for quality matters by settling allegations against a hospital that a physician’s lack of qualifications to perform certain surgical procedures should be considered a false claim, regardless of the patient’s outcome. As part of the settlement, the hospital... Continue Reading →Tags: Azmat, Brian Bettner, False Claims Act, Hall Render, James Hogan, peer review, Rogers, Satilla Regional Medical Center