In the final installment of our two-part series, we continue our discussion of the most important recent False Claims Act decisions and what we predict will be their implications for FCA jurisprudence in the coming months. See part 1 here.
Multiple FCA Defendants: Group Pleading and Conspiracy Theories
This happens more and more, especially with the rise of individual defendants being named in FCA suits: a number of defendants are accused of perpetrating a single scheme. As they move separately for dismissal or summary judgment, the question becomes: What must be pled or proven as to each defendant?
U.S. ex rel. Silingo v. WellPoint Inc. was brought by a former compliance officer at a home-health contractor which managed risk-adjustment data for several Medicare advantage organizations. All were named defendants. The district court had dismissed the relator’s complaint against the MAOs for impermissible “group pleading.”