11th Circ. Partially Reinstates Whistleblower's $348M FCA Win

Law360 (June 25, 2020, 9:08 PM EDT) -- The Eleventh Circuit restored much of a $348 million False Claims Act jury verdict against a nursing home manager previously overturned by a district court judge, saying Thursday that a whistleblower had adequately shown the materiality of the company's Medicare overbilling.

It was reasonable for the jury to decide that Angela Ruckh's allegations that false claims made by skilled nursing facilities, which she said were providing more care than patients actually needed or received, were material to reimbursements paid by Medicare, U.S. District Judge Ursula Ungaro wrote in a published decision. Ungaro was sitting on the three-judge panel by designation.

The "upcoding" alleged...

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