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May 14, 2020

False Claims Act Qui Tam Suit Dismissed for Lack of Specificity

The Middle District Court of Florida, Tampa Division, dismissed a relator’s False Claims Act qui tam suit for lack of specificity on April 20.  In its complaint, the relator, a former employee of medical device company, Biotronik, Inc., alleged a kickback scheme whereby Biotronik would pay medical providers to use its devices to generate consumer demand. The suit, however, failed to allege that a federal healthcare program paid for any of the devices or services generated therefrom.  As a result, the court dismissed the relator’s suit because it failed to allege an essential element – that it was submitted to the government.