Shuttered Abbott Unit Beats Whistleblower's FCA Suit

By Adam Lidgett (August 27, 2020, 6:13 PM EDT) -- A former employee of a now-defunct diabetes testing equipment supplier last owned by Abbott Laboratories can't pursue a False Claims Act suit against the companies over Medicare billings, a Florida federal judge has ruled.

U.S. District Judge Robert N. Scola Jr. on Wednesday tossed a suit from whistleblower Troy Olhausen, who accused former employer Arriva Medical LLC of fraudulently billing Medicare. Arriva had been a mail-order supplier of diabetes testing supplies, and its parent company Alere Inc. was bought by Abbott in 2017, according to court documents.

The judge said that half of his claims were doomed by the FCA's first-to-file...

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