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October 17, 2014 Healthcare Fraud

Tennessee District Court Approves Statistical Sampling in Pivotal False Claims Act Case

As we discussed yesterday, the False Claims Act is often triggered by widespread, pervasive, long-term fraudulent behavior–resulting in voluminous records and hundreds of thousands of invoices evidencing the fraudulent misconduct. As a result, courts have begun to consider whether the use of a statistical random sample of admissions or patient […]
October 16, 2014 Healthcare Fraud

District Court Allows Use of Sampling in Complex False Claims Act Case Against LifeCare

As you can likely imagine, the sheer volume of evidence that emerges during the investigation and discovery phases of a False Claims Act case can quickly overwhelm the court and create logistical difficulty for the party tasked with presenting such evidence to support an assertion of liability. For instance, if […]
October 14, 2014 Healthcare Fraud

Shire Pharmaceuticals to Pay $56 Million to Settle False Claims Act Allegations

According to a recent announcement by the Department of Justice, Shire Pharmaceuticals has agreed to pay $56 million to settle claims it fraudulently marketed the popular attention-deficit drug Adderall and thereafter submitted claims to U.S. government healthcare programs for reimbursement. The allegations differ from the oft-cited problem of “off-label marketing,” […]
October 13, 2014 Healthcare Fraud

CVS Caremark Corporation Settles False Claims Act Allegations for $6 Million

In several prior posts, we have discussed the ongoing battle against “reverse false claims” involving Medicare and Medicaid patients. In general, a reverse false claim occurs when a healthcare provider or government contractor receives overpayment for an invoice and knowingly fails to issue a refund or reimbursement to the government. […]
October 8, 2014 Healthcare Fraud

Novartis Pharmaceuticals to Face Possible False Claims Act Liability for Kickbacks

Swiss-based Novartis Pharmaceuticals has been subjected to possible liability under the False Claims Act – and a federal judge in New York recently concluded the case may continue. In U.S. ex rel. Bilotti v. Novartis Pharmaceuticals Corp., a whistleblower brought to light several issues involving the drug maker, most notably […]
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