Whistleblowers Say DaVita Abusing Doc Privilege In FCA Case
By Brian Mahoney
Law360, New York (May 7, 2013, 1:34 PM ET) -- The relators in a False Claims Act suit accusing DaVita Inc. of creating waste to overbill Medicare told a Georgia federal court Monday that the dialysis service provider was abusing attorney-client privilege by labeling an excessive amount of communications as confidential.
Alon J. Vainer and and Daniel D. Barbir asked the court to compel a score of communications between DaVita personnel and its attorneys, saying the company has obstructed the requests by unfairly invoking the attorney-client privilege.
The relators blamed the alleged discovery obstinacy on a...