PHILADELPHIA, September 2, 2011: Yesterday, Judge James M. Mulney of the Middle District of Pennsylvania issued a decision in United States of America, ex rel. Rodney J. Repko v. Guthrie Clinic, P.C. et al. The relator, Guthrie's former general counsel, sought to recover damages on behalf of the government, claiming Guthrie had engaged in a large-scale health-care fraud. Specifically, the relator alleged that an improper financial relationship existed between Guthrie's hospitals and its physicians that violated the Stark Law and the Anti-Kickback Act.
In May, Judge Munley held a three-day evidentiary hearing on Guthrie's motion to dismiss relator's claims for lack of subject matter jurisdiction based on the FCA's public disclosure bar. The Court granted that motion and dismissed all relator's claims.
A Morgan Lewis team, led by David Marston and Eric Sitarchuk, secured this victory for Guthrie. Bethany Wong, Aaron Skrypski and Sarah Humble assisted on the case.