United States Seventh Circuit

In plaintiff's qui tam action against a healthcare company for fraudulently billing the Medicare and Medicaid programs for medical devices and related services that were unnecessary or should have been recorded under less expensive reimbursement codes, district court's dismissal of the suit with prejudice based on two other similar qui tam actions pending against defendant is vacated, as although plaintiff's complaint falls within section 3730(b)(5), plaintiff is entitled to file a new qui tam complaint as section 3730(b)(5) applies only while the initial complaint is pending, and here, the two settled cases are no longer pending.

Appellate Information

• Argued 12/04/2006
• Decided 05/19/2010
• Published 05/19/2010

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and CUDAHY and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel