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.S. Court of Appeals for the Sixth Circuit affirmed the dismissal of a qui tam suit brought by a whistleblower against Saint Elizabeth Medical Center, Inc., and Summit Medical Group, Inc., alleging violations under the False Claims Act (FCA) and the Kentucky state law. The court agreed with the district court that the primary allegations were “substantially the same” as those publicly disclosed in a prior qui tam suit. However, on appeal the court distinguished that there was new information in the claim. Ultimately, the court found the new information was not material, nor was it plead with particularity to meet the heightened pleading standards under the FCA. The court also dismissed the Kentucky state law claims after finding that the cited Kentucky statute does not protect whistleblowers, rather, It protects the state’s medical assistance programs from fraudulent claims (U.S. ex rel. Anderson v. Saint Elizabeth Medical Center, Inc., No. 25-5858 (6th Cir. Apr. 17, 2026)).
Prior actions. In 2017, a law firm filed a related FCA action against St. Elizabeth and Summit alleging widespread kidney dialysis fraud and an illegal kickback scheme on behalf of a different relator. The original relator was represented by attorneys affiliated with the current relator’s counsel. Under the...
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....