Whistleblower Can Pursue FCA Suit Over Vascular Treatments

Law360, New York (March 7, 2013, 5:20 PM EST) -- A Texas federal judge Thursday refused to wipe out a whistleblower’s False Claims Act suit accusing Vascular Solutions Inc. of tricking physicians into billing Medicare for unapproved treatment of diseased veins, scoffing at the company’s insistence it didn’t benefit financially.

In rejecting a motion to dismiss, U.S. District Judge Sam Sparks waved off VSI’s argument that because it was paid by doctors, not Medicare or military health plan Tricare, it can’t be sued for unjust enrichment.

“[VSI] need not have directly received the payments from Medicare...
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