Whistleblower: Court Permits Nurse’s Whistleblower Claims Alleging False Claims and Retaliation
October 1, 2015 | Healthcare Risk, Quality, & Safety Guidance
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...