Lawsuit fails to prove qui tam charges

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 9, 2019 4:34 PM

Dr. Susan Nedza’s second amended qui tam complaint, or SAC, against American Imaging Management, called AIM, its owner, Anthem Inc., and 27 Medicare Advantage, or MA, plans relied on the “implied false certification” theory that was adopted for False Claims Act cases by the U.S. Supreme Court in Universal Health Services v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016).Escobar’s rigorous materiality requirement for False Claims Act, or FCA, complaints was the high hurdle for Nedza.Some of her …

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