“Ex-Cyberonics Sales Rep Asks 1st Circ. To Revive FCA Case” ; Nov. 8, 2016
A former sales rep turned whistleblower for the medical device company Cyberonics Inc. asked the First Circuit on Tuesday to revive his False Claims Act suit, arguing he’d alleged with enough particularity the unnecessary epilepsy implant procedures he says the company pressed providers to make.
In that case, also a qui tam FCA case, “the allegations were specific enough to identify” the false claims at issue, William M. Katz Jr. of Thompson & Knight LLP said.
Katz added that even one of the bits of particularity — the group homes for the patients in question — was a “red herring.”
“The group homes do not submit claims, so these allegations that large percentages of the population may have been eligible or qualified for a government health program doesn’t tell you there were any claims submitted,” Katz said.
Cyberonics is represented by James Patrick Bredehoft, Melissa M. Davis, William M. Katz Jr. and Richard Barrett Phillips Jr. of Thompson & Knight LLP, and Timothy Madden of Donnelly Conroy & Gelhaar LLP.