United States First Circuit
Hagerty v. Cyberonics, Inc., 16-1304
In a qui tam action alleging, among other things, that defendant violated the False Claims Act (FCA), 31 U.S.C. section 3729 et seq., and related state statutes, by promoting medically unnecessary replacements of batteries in nerve stimulator devices used to treat epilepsy patients, which in turn resulted in patients and medical providers filing false claims for reimbursement from government health care programs, the district court's dismissal of all but two claims under Federal Rule of Civil Procedure 12(b)(6) is affirmed where plaintiff did not meet his burden of providing a valid reason for his delay and that the district court did not abuse its discretion in denying his motion for leave to amend.
- Published 2016/12/16
- United States First Circuit