A Michigan federal district court denied summary judgment to Elizabeth A. Pensler, D.O., and other defendants on a physician assistant’s retaliation claim under the False Claims Act, finding genuine issues of material fact regarding whether her reports about potentially fraudulent Medicare billing practices constituted protected activity and whether her termination was causally connected to these reports, but granted summary judgment on the issue of punitive damages under the FCA due to their unavailability under that statute.
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Although on appeal the court distinguished that there was new information in the claim, the court ultimately found the new information was not material, nor was it plead with particularity. The U....