A federal district court recently denied a motion for judgment
on the pleadings in a qui tam
action and reaffirmed the right of whistleblowers who report
Medicare fraud to recover civil penalties under the False Claims
In USA and Elin Baklid-Kunz v Halifax Hospital Medical
Center, et al., Case No. 6:09-cv-1002-Orl-31TBS (M.D.Fla.
February 6, 2014), the United States District Court for the Middle
District of Florida held that whistleblowers who bring a qui tam
action under the False Claims Act have standing under Article III
of the Constitution to pursue claims for civil penalties in
connection with a lawsuit alleging Medicare fraud.
In refusing to dismiss the claims, the Court cited to the
Supreme Court's decision in Vermont Agency of Natural
Resources v. U.S. ex rel. Stevens, 529 U.S. 765, 771-78
(2000), as well as the recent Fourth Circuit decision in
United States ex rel. Bunk v Gosselin World Wide
Moving, -- F.3d --, 2013 WL 6671279 (4th Cir.
Dec. 19, 2013). Both of those decisions held that, under the False
Claims Act, a whistleblower or qui tam "relator" has standing to
bring claims arising out of injuries to the United States,
including claims for civil penalties.
As a result, the Court reaffirmed a whistleblower's right to
recover for Medicare and other fraud committed against the
government. Read here about
reporting Medicare and healthcare fraud
Contact Us To
Learn More About Reporting Fraud
If you have discovered evidence of government fraud,
contact an experienced False Claims Act attorney before blowing the
whistle. You may be entitled to a substantial reward and the legal
protections afforded to whistleblowers under state and federal
laws. The attorneys of Berger & Montague are nationally
recognized experts in Whistleblower/Qui Tam actions with over a
decade of experience pursuing these complex fraud cases. For more
information or to schedule your confidential consultation, use the
form on this page or call us at 1-800-424-6690.
For further reading:
Berger & Montague Whistleblowers, False Claims Act & Qui
Life of a
Qui Tam Lawsuit and Why You Want the Government to
Our Law Firm's Approach To Whistleblower Cases
What Whistleblower Clients Can Expect From Our Lawyers
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