On Feb. 8, 2023, the U.S. Department of Justice (DOJ) announced that in the fiscal year ending Sept. 30, 2022, the government recovered more than $2.2 billion from 351 settlements and judgments under the False Claims Act, for an average recovery of $6.2 million per settlement/judgment. While this data reflects the second-highest number of settlements and judgments under the False Claims Act in a single year, the amount of money recovered was the lowest it has been in more than a decade, with over half of the recoveries ($1.1 billion) attributable to qui tam (otherwise known as whistleblower) matters in which the government declined to intervene.

Notably, despite total recoveries under the False Claims Act falling more than 50 percent in comparison to FY 2021, whistleblower share awards almost doubled. In fact, recoveries from whistleblower matters in which the government declined to intervene were the highest they have been in recorded history.

Unsurprisingly, given recent trends in government priorities, a significant portion of the recoveries pertained to matters involving the healthcare industry. Recoveries for healthcare-related matters totaled $1.7 billion, or roughly 77 percent, of all False Claims Act recoveries in FY 2022. These recoveries involved a variety of healthcare defendants, including drug and medical device manufacturers, durable medical equipment, home health and managed care providers, hospitals, pharmacies, hospice organizations, and physicians. These...

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