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$255M+ FCA Verdict Reinstated


Goldberg Kohn principal David Chizewer, who leads the firm's False Claims Act practice, joined with the Taxpayers Against Fraud Education Fund, Morgan Vercamp, LLC and Phillips & Cohen in an amicus brief supporting the reinstating of a multi-million dollar judgment against Salus Rehabilitation LLC, a Florida nursing home operator.

The 11th Circuit Court of Appeals r restored more than $255 million of a $348 million False Claims Act jury verdict against Salus, doing business as Marshall Health and Rehabilitation Center, which the District Court had set aside. The Appeals Court ruled Thursday, June 26th that whistleblower Angela Ruckh had adequately shown the materiality of the company's Medicare overbilling.

The amicus brief explained that even in situations where the government is aware of a vendor's "significant noncompliance with important statutory or contractual requirements," the government's continued payments to the vendor often reveal nothing about the materiality of the vendor's misconduct.