Devicemaker-Doctor Relationships Ripe for Fraud Litigation, Modern Healthcare

Morgan Lewis partner Kathleen McDermott was interviewed by Modern Healthcare in this article about a recent wave of cases that have reinforced that an anti-kickback violation can also be a False Claims Act (FCA) violation. Commenting on policy memos issued by the US Department of Justice with the goals of dismissing more whistleblower cases and narrowing the types of federal policy documents whistleblowers can cite to support their claims, Kathleen said, “Extending the statute of limitations exacerbates other procedural inequities of the FCA related to the amount of time that cases remained sealed and partial intervention efforts.” She noted, “It’s a good time to reset the statute.”

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