2005 WL 1926559 (S.D.Ill. Case No. 03 CV 0024 DRH, Aug. 8, 2005)

Defendant Kenneth Hall Regional Hospital, Inc., moved to dismiss the whistleblower’s amended complaint, as it was not an original defendant. As a result, the government had never reviewed the claims against it and made an intervention decision, as required by 31 USC sec. 3730. The Court rejected the argument, as the government had sufficient notice of the allegations when they were raised against the original Defendant, Ancilla Systems, Inc.

The Court did dismiss one of the counts against all Defendants based upon the whistleblower’s failure to plead fraud with particularity, as required by Fed.R.Civ.P. 9(b). The whistleblower alleged, in general, that the Defendants submitted false records related to travel expenses, but failed to allege who traveled, when they traveled, the amount of the expenses, or anything else that would meet rule 9(b)’s  “who, what, where, and when” requirement.

David Honig, of Hall, Render, Killian, Heath & Lyman, and Andrew Martone, of Hesse Martone, represented the Defendants, Ancilla Systems, Inc., d/b/a St. Mary’s Hospital of East St. Louis and St. Mary’s Hospital of East St. Louis, Inc., n/k/a Kenneth Hall Regional Hospital, Inc..

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