DaVita Says Ex-Nurse Fired For Bad Attitude, Not FCA Claims

Law360, New York (December 5, 2012, 6:55 PM EST) -- DaVita Inc. unit Total Renal Care Inc. on Tuesday urged a Texas federal judge to wipe out a whistleblower’s False Claims Act retaliation lawsuit, saying that it fired the nurse because of his attitude problem and that there are no allegations it defrauded taxpayers.

The dialysis treatment company says ex-employee Edmundo Guerrero Jr. engaged in a recurring pattern of bad behavior that included cursing at other workers, not responding when on-call, failing to protect patients from infection, arguing with a security guard over parking restrictions and...
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