The Medco Health Qui Tam Whistleblower lawsuit was dismissed because the case was not plead with the requisite facts and particularity to satisfy federal pleading requirements.
Under the Fed. R. Civ. P. 9(b), the pleading requirements of Rule 9(b) require plaintiffs to plead the circumstances of the alleged fraud with particularity to ensure that defendants are placed on notice of the ‘precise misconduct with which they are charged, and to safeguard defendants against spurious charges’ of fraud.
The Medco Health Qui Tam Whistleblower lawsuit alleged the following:
- Greenfield (plaintiff) filed his complaint against defendants Medco Health Systems, Inc., Accredo Health Group, Inc., and Hemophilia Health Services, Inc. (“HHS”)
- Plaintiff alleged that defendants submitted false claims for payment from the United States
- Plaintiff alleged defendants as well as payment from various states in violation of their false claim laws
- Plaintiff further alleged that defendants falsely certified their compliance with the Anti-Kickback Act, 42 U.S.C. § 1320a-7b(b) (referred herein as the Anti-Kickback statute, or “AKS”)
- Plaintiff further alleged that in his capacity as an area vice- president of Accredo, he learned of defendants’ fraudulent practices related to their efforts to maintain and increase sales of their products to treat hemophilia
- Court dismissed the case but allowed the plaintiff to may refile to comply with Rule 9
This Medco Health Qui Tam Whistleblower lawsuit was filed under the qui tam provisions of the federal False Claims Act, which permits private citizens to bring lawsuits on behalf of the United States and receive a portion of the proceeds of a settlement or judgment awarded against a defendant.
The False Claims Act (qui tam and whistleblower) also permits the government to investigate the allegations made in the relator’s complaint and to decide whether to intervene in the lawsuit, and to recover three times its damages plus civil penalties.
For more information on Qui Tam Whistleblower lawsuits, click here.
We are here to help you recover federal and state government money from those unscrupulous individuals or companies that defraud our government. If you have original information about a possible violation of the federal securities laws that has occurred, is ongoing, or is about to occur you may be eligible to become a whistleblower.
We can help you submit this information anonymously so that your identity remains protected to the fullest extent possible. If you need help with providing whistleblower information anonymously (to the Department of Justice or The Office of the Whistleblower) about potential fraud (e.g., health care fraud, defense department contract fraud, securities fraud – governmental or non-governmental, contract fraud, investor fraud etc.), contact us.
The Program also prohibits retaliation by employers against employees who provide the DOJ with information about possible securities violations.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. If you need help with providing whistleblower information anonymously to the Department of Justice or The Office of the Whistleblower about potential fraud and would like your case evaluated, contact our office at 1.844.329.5955.
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