Health Care & Hospital Law,
9th U.S. Circuit Court of Appeals
Aug. 11, 2022
Circuit reverses: Elements of materiality, scienter are triable
“It was one of many pieces of information that indicated to us and indicated to the 9th Circuit that they didn’t have permission and they knew they didn’t have permission to engage in the kind of billing practices that they were engaging in,” said Mark I. Labaton of Glancy Prongay & Murray LLP, on behalf of the appellant, Kinetic Concepts Inc.
The 9th Circuit reversed a district court’s ruling in favor of Kinetic Concepts Inc. in a decade-spanning case wherein a former employee claimed the medical device manufacturer violated the False Claims Act in bills submitted to a Medicare administrative contractor.
Judges Bobby R. Baldock, Marsha Z. Berzon, and Daniel P. Collins comprised the 9th U.S. Circuit Court panel that ruled unanimously on the case, with Collins writing the opinion...
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