Ex-Cyberonics Sales Rep Can't Bring FCA Suit: 1st Circ.

Law360, Los Angeles (December 16, 2016, 11:07 PM EST) -- A former sales representative cannot bring False Claims Act allegations against medical device maker Cyberonics Inc., the First Circuit ruled Friday, agreeing with a lower court that the case didn't identify particular false claims made to a government program. 

Andrew Hagerty, who worked for Cyberonics from 2010 to 2012, alleged in a qui tam action that the company's employees used “fraud and deception” to get providers to put thousands of medically unnecessary devices in the chests and necks of epilepsy patients to reduce their symptoms. He argued that the alleged scheme caused patients and medical providers to file false reimbursement claims with...

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