When the U.S. government declines to intervene in a high stakes qui tam action, some may naturally assume that the plaintiff has a weak case. But a group of private lawyers proved that theory wrong recently when securing a $11.5 million settlement on behalf of a whistleblower in a federal False Claims Act case.

The case, Sullivan v. Atrium Medical, was originally filed by Esther Grace Sullivan in 2013 in the U.S. District Court for the Western District of Texas. Sullivan, a former sales representative and business manager for Atrium Medical, alleged the company violated the act when it paid kickbacks to doctors to promote the unapproved use of Atrium’s medical stents in patients’ arteries.

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