Facts

Jonathan Bloedow, as relator for himself and on behalf of the United States, filed a qui tam False Claims Act action against Planned Parenthood of the Great Northwest Inc., based in Seattle, Wash.

PLAINTIFF'S CONTENTIONS:
Bloedow alleged that Planned Parenthood had fraudulently billed the Washington State Medicaid program between 2003 to 2009 by submitting claims for emergency contraceptives and oral contraceptives at higher rates than permitted by law. Bloedow also claimed that Planned Parenthood had falsely certified its compliance with Medicaid program requirements, conspired to conceal its fraudulent claims, and improperly retained the excessive reimbursements.

DEFENDANT'S CONTENTIONS:
Planned Parenthood moved to dismiss the case, arguing that the court lacked subject matter jurisdiction over the case based on the public disclosure bar under the FCA, because of a prior-filed qui tam case in California entitled Gonzalez v. Planned Parenthood of Los Angeles et al.

Damages

Plaintiff sought over $100 million in damages and civil penalties.

Result

The court agreed with Planned Parenthood and dismissed the case in its entirety, holding that the previously filed California qui tam case, coupled with a U.S. Department of Health & Human Services Office of the Inspector General report to Congress, had publicly disclosed the essence of Bloedow's complaint and thereby deprived the district court of subject matter jurisdiction of Bloedow's complaint.

Other Information

Bloedow intends to appeal the decision to the 9th Circuit Court of Appeals.