There’s been a steady increase in False Claims Act litigation in recent years, particularly in the health care industry. Recently released data confirms that whistleblower cases, as opposed to government investigations, have been the driving force behind this explosion.
According to a report by Kevin McGinty of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, which is based on data the U.S. Department of Justice made available on Dec. 3, “health care-related cases—specifically, privately-instituted health care-related qui tam cases—have overwhelmingly been the largest factor in the growth in FCA cases and recoveries over the past twenty years.” And, for most of the last decade, about 80 percent of all health care-related FCA recoveries have resulted from whistleblowers, or qui tam, lawsuits.
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