Eighth Circuit Revives Whistleblower Action by Scorned Planned Parenthood Manager

The last time we heard about Susan Thayer’s whistleblower suit against Planned Parenthood, a federal district court in Iowa had thrown it out because she hadn’t provided any specific examples of fraud and therefore had failed Rule 9(b)’s requirement to plead “with particularity.”  That was a relief to …

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Eighth Circuit Decision Tilts Rule 9(b) Split toward Whistleblowers

Last Friday’s Eighth Circuit decision in Thayer v. Planned Parenthood of the Heartland favored the whistleblower in the ongoing controversy over specificity requirements in False Claims Act actions.  The split had been even at four-to-four.  The new decision makes it five-to-three in favor of the …

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What’s Scarier than a Compliance Officer Turned Whistleblower? A Whole Association of Them

On August 7 a federal court in New York dismissed a whistleblower claim against a hospital brought by a relator with the benign-sounding name “Corporate Compliance Associates.” In U.S. ex rel. Corporate Compliance Assocs. v. N.Y. Society for the Relief of the Ruptured & Crippled the court ruled that the …

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Hell Hath No Fury Like a CFO Scorned (But His Whistleblower Suit Fails Anyway)

Medicare and Medicaid providers lie awake at night worrying about disgruntled—or worse yet, fired—finance officers filing whistleblower suits. After all, Medicare and Medicaid regulations are notoriously complicated, and False Claims Act (FCA) liability can carry a penalty of three times the amount of each …

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CHILDREN’S HOSPITAL SETTLES WHISTLEBLOWER CASE FOR $7 MILLION

Yet another hospital has paid millions to settle a whistleblower suit brought by a former insider.  For over a decade Barbara Schubert worked for the physician-recruiting subsidiary of All Children’s Health System.  She became a whistleblower, claiming that All Children’s Hospital, also a subsidiary of the …

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MOST IMAGINATIVE WHISTLEBLOWER THEORY OF THE MONTH

The votes are in, and the award for most imaginative whistleblower theory of March goes to Lisa Stratienko of Chattanooga, Tenn.  Sadly for Lisa, the False Claims Act doesn’t give points for being imaginative, and the court dismissed her claim under the FCA’s public disclosure bar—the provision that bars …

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