Not-So-Safe Harbor: Court Finds Relator Need Not Plead Facts to Negate Anti-Kickback Statute Safe Harbor
A recent decision may make it harder for defendants to obtain dismissal of an FCA case on the grounds that a relator has failed to plead facts that would refute the elements of an affirmative defense. On February 23, 2022, in United States ex rel. Chao v. Medtronic, PLC, the court denied Medtronic’s motion to dismiss, finding that a relator is not required to plead facts that would negate one or more of the elements of an affirmative defense.
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