In an important development in the emerging body of caselaw on the application of the “but-for” causation standard to False Claims Act cases predicated on alleged violations of the anti-kickback statute, the court in United States ex rel. Witkin v. Medtronic, Inc., No. 1:11-cv-10790-IT (Nov. 14, 2025, D. Mass.), has once again denied Medtronic’s motion . . .
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Potential Whistleblower Opportunities Under The Massachusetts False Claims Act
The Office of the Massachusetts Attorney General (“AGO”) has long been one of the nation’s leaders in pursuing False Claims Act cases at the state level. The AGO’s Medicaid Fraud Division and False Claims Division both have relatively new leaders – Kevin Lownds and Colleen Nevin, respectively – and their recent statements suggest that the . . .
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Ninth Circuit Removes Cloud Over Qui Tam Cases Alleging Customs Fraud
On June 23, 2025, the Court of Appeals for the Ninth Circuit issued a decision holding that qui tam relators may pursue False Claims Act cases alleging customs fraud in United States District Courts even though the Court of International Trade (“CIT”) also affords the government a forum for recovering unpaid customs duties. See United . . .
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United States Intervenes in Qui Tam Case Filed by Gregg Shapiro on Behalf of Whistleblower Client Against Large Medicare Advantage Carriers and Brokers
On May 1, 2025, the Department of Justice filed a complaint in intervention in a qui tam case that Gregg Shapiro filed in 2021 on behalf of a whistleblower client against several of the nation’s largest Medicare Advantage insurance carriers and brokers. A copy of the government’s complaint is here, and a copy of the . . .
United States Stakes Out Post-Regeneron Position On Proving False Claims Act Liability Based On Violations Of The Anti-Kickback Statute
In a statement of interest (“SOI”) that it filed today in United States ex rel. Witkin v. Medtronic, Inc., No. 11-cv-10790-IT (D. Mass.), the United States reiterated its view that it need not prove but-for causation in a False Claims Act (“FCA”) case predicated on a false certification of compliance with the anti-kickback statute (“AKS”), . . .
District Court in Massachusetts (Mis-)Applies But-For Causation Standard in False Claims Act Case Predicated on Alleged Violations of Anti-Kickback Statute
In a recent decision, Omni Healthcare, Inc. v. MD Spine Solutions LLC (D. Mass. Jan. 6, 2025), the court held that the relator needed to show but-for causation in a False Claims Act case predicated on alleged violations of the anti-kickback statute. The anti-kickback statute provides that “a claim that includes items or services resulting . . .
DOJ’s False Claims Act Settlement With QOL Medical Reinforces Risk To Pharmaceutical Companies That Provide Free Diagnostic Tests And Obtain Even Deidentified Results Of Those Tests
On November 15, 2024, the United States Attorney’s Office for the District of Massachusetts announced that QOL Medical and its CEO, Frederick E. Cooper, agreed to pay $47 million to resolve allegations that they caused the submission of false claims to federal health care programs by offering kickbacks, in the form of free Carbon-13 breath . . .
Gregg Shapiro Represents One of Whistleblowers in $19.4 Million Settlement with Kindred
On July 17, 2024, the Department of Justice announced that Kindred at Home, a hospice company, agreed to pay $19.428 million to resolve False Claims Act allegations that Kindred “knowingly submitted false claims and knowingly retained overpayments for hospice services provided to patients who were ineligible to receive hospice benefits under various federal health care . . .
Gregg Shapiro Represents Whistleblower In $24.4 Million False Claims Act Settlement With Massachusetts Hospital
On May 16, 2024, the Department of Justice announced that it had reached a $24.4 million settlement with Cape Cod Hospital (CCH) to resolve allegations that Gregg Shapiro’s whistleblower client, a former physician at the hospital, had filed in a False Claims Act qui tam complaint. The whistleblower alleged that CCH had violated the False . . .
Ultragenyx Pharmaceutical Agrees to Pay $6 Million to Settle Qui Tam Case Brought by Whistleblower Client of Gregg Shapiro Law
On December 21, 2023, the government announced that Ultragenyx Pharmaceutical Inc. (Ultragenyx) has agreed to pay $6 million to settle a False Claims Act qui tam case that Gregg Shapiro filed in 2021 on behalf of a whistleblower who was then working at Ultragenyx. The whistleblower alleged that Ultragenyx used kickbacks to generate sales of . . .