Second Circuit Dismisses False Claims Act Suit Relating to Hospital Billing of Investigational Cardiac Devices
On November 16th, the Second Circuit Court of Appeals dismissed the federal government's False Claims Act cases against Bennett Bigelow & Leedom clients Montefiore Medical Center (Bronx, NY), Providence - St. Vincent Medical Center (Portland, OR), Sacred Heart Medical Center (Spokane, WA) and Swedish/Providence Medical Center (Seattle, WA), along with the case against 35 other hospitals, related to billing Medicare for inpatient hospital services involving cardiac devices with Food & Drug Administration "Investigational Device Exemption" status. The Court found that the government had allowed the statute of limitations to expire by failing to intervene for 8 years after the whistleblower filed the action. The BBL team defending these hospitals was led by David Robbins. U.S. v. Baylor University Medical Center, et al. (2nd Cir. Docket 05-2951-CV)