Policy and Medicine Blog--Supreme Court Declines to Review Important False Claims Act Issue -

In our February article, Will Sunshine Data Help Qui Tam Whistleblowers and Their Attorneys?, we mentioned that while the Sunshine Act will indeed give whistleblowers valuable information, Rule 9(b) of the Federal Rules of Civil Procedure will still remain a hurdle for plaintiffs getting into court. Rule 9(b) generally requires that whistleblowers plead their fraud claim with particularity. How much particularity is currently the basis of a circuit split—a split which the Supreme Court denied to resolve this past month. Nathan v. Takeda Pharmaceuticals In the case of Nathan v. Takeda Pharmaceuticals, Noah Nathan, a sales manager for Takeda Pharmaceuticals brought a qui tam action against Takeda, alleging they caused false claims to be presented to the government for payment under Medicare. The FCA's qui tam provisions allow private citizens—known as "relators"—to file suit on behalf of the government and share the settlement (usually 15-30 percent). -

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