9th Circuit Reinstates FCA Lawsuit Involving Medicare Claims

The Ninth Circuit Court of Appeals recently ruled that a former employee of a medical device company who filed a qui tam case in 2008 may proceed with litigation against her former employer, reversing the district court’s dismissal of the case.  A three-judge panel of the court found the relator sufficiently alleged her former employer knowingly engaged in a fraudulent scheme to submit false Medicare claims, and that those claims were material to the government’s Medicare payment decisions.