Whistleblower: Court Permits Nurse’s Whistleblower Claims Alleging False Claims and Retaliation

October 1, 2015 | Healthcare Risk, Quality, & Safety Guidance

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The U.S. District Court for the Eastern District ofCalifornia found a nurse’s allegations of false claimsand retaliation against her former employer, a hospital,sufficient to state a whistleblower claim underthe federal False Claims Act (FCA) and the CaliforniaFalse Claims Act. The allegations also implicated anaffiliated community health foundation and two hospital-affiliated physicians who directed the hospital’shematology/oncology center.

The relator, a former clinical nursing director atthe defendant hospital, alleged false claims related tolack of physician oversight, double billing for drugs insingle-dose vials, allowing single-dose drugs to expireand become contaminated, and billing physician time for blood transfusions that never occurred. The defendantsmoved for dismissal of all claims; however, the court repeatedly found that the...

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