6th Circ. Nixes $83M Fresenius Medicare Fraud Judgment

Law360, New York (October 5, 2012, 4:25 PM EDT) -- The Sixth Circuit on Friday overturned an $82.6 million judgment against Fresenius Medical Care Holdings Inc. in a whistleblower suit brought by former employees, saying there was no evidence that the dialysis care company had any knowledge it was submitting false claims to Medicare.

In a published opinion, a three-judge panel reversed a lower court finding that Fresenius violated the False Claims Act by recklessly disregarding the alleged falsity of its claims. The panel said it wasn't even clear that Medicare claims submitted by the German...
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