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Antitrust
False Claims Act
Qui Tam Action

United States of America ex rel. [Under Seal] et al. v. [Under Seal]

Published: Aug. 28, 2020 | Result Date: Jun. 14, 2020 | Filing Date: Dec. 4, 2017 |

Case number: 2:17-cv-08726-DSF-AFM Bench Decision –  Defense

Judge

Dale S. Fischer

Court

CD CA


Attorneys

Plaintiff

Frank D. Kortum
(Office of the U.S. Attorney)

Brent A. Whittlesey
(Office of the U.S. Attorney)

Gloria M. Juarez
(Law Offices of Gloria M. Juarez)


Defendant

Kimberly K. Chemerinsky
(Alston & Bird LLP)

Frank E. Sheeder
(Alston & Bird LLP)


Facts

An anonymous Relator filed a lawsuit under the pseudonym Emily Roe and alleged that Stanford Health Care and others submitted incorrect bills to government health care programs in violation of the False Claims Act.

Contentions

PLAINTIFF'S CONTENTIONS: Relator contended that defendants violated the False Claims Act by submitting duplicate claims to Medicare for mastectomy procedures.

DEFENDANTS' CONTENTIONS: Defendants Stanford Health Care and others moved to dismiss the case on numerous grounds, including failure to allege a claim under the False Claims Act.

Result

The court granted the defendants' motion to dismiss, dismissed the case with prejudice to Relator, and ordered Relator to disclose her real name.


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