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FCA Whistleblower Litigation Remains a Potent Threat to Health Care Providers --False Claims Act

With the Department of Justice’s recently announced 2014 statistics, the United States has recovered nearly $23 billion from False Claims Act (FCA”) litigation since 2009.  The overwhelming majority of these cases – 753 of 846 cases initiated in 2013 – are qui tam cases, filed by whistleblowers. 

Health care providers, in particular, constitute a large proportion of the United States’ recoveries each year – of the $3.8 billion recovered in 2013, $2.6 billion came from health care providers and $1 billion of that came from hospitals.  While historically a government decision declining to intervene in a whistleblower’s case could be touted as a victory, whistleblowers are now increasingly pursuing their claims on their own with highly-motivated and well‑financed plaintiffs’ counsel. 

They are more willing than ever to take their client’s claims to the mat to extract the best settlement possible, or if necessary, take the case to trial.  In today’s qui tam litigation climate, companies can and should assume that “it ain’t over ‘til it’s over.”

© 2020 McDermott Will & EmeryNational Law Review, Volume V, Number 41
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About this Author

Amandeep S. Sidhu, mcdermott will emery, pro bono,health care, FCA, qui tam
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Amandeep S. Sidhu is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C., office.  He focuses his practice on complex commercial disputes, health care related investigations and litigation, government strategies and regulated industries.  Aman serves on the Firm’s Diversity/Inclusion Committee and Pro Bono and Community Service Committee.  Selected as a 2013 Rising Star in Civil Litigation Defense by Super Lawyers, Aman was also named to the National Law Journal's “Minority Top 40 Under 40” in 2011 for his...

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