Planned Parenthood Federation of America Inc. has immunity shielding it from a whistleblower suit alleging that the organization defrauded Medicaid, the Fifth Circuit said Wednesday.
Planned Parenthood argued that it has attorney immunity from the False Claims Act suit because the alleged misconduct occurred in the organization’s litigation and law department.
An unnamed whistleblower, referred to as “Alex Doe,” initiated the case in 2021 after conducting an undercover investigation to determine whether Planned Parenthood and its affiliates were providing fetal tissue to researchers and tissue procurement companies. Doe recorded conversations with Planned Parenthood affiliate staff.
Planned Parenthood “is entitled to immunity for the acts of its attorneys,” and therefore is entitled to summary judgment, the US Court of Appeals for the Fifth Circuit’s per curiam panel said in its decision to reverse and remand.
Judges Rhesa H. Barksdale, Leslie H. Southwick, and Judge James E. Graves Jr. joined in the decision.
Doe’s suit alleges Louisiana and Texas terminated the eligibility of the affiliates—Planned Parenthood Gulf Coast, Planned Parenthood of Greater Texas, and Planned Parenthood South Texas—to bill Medicaid because of his report. Texas and Louisiana moved to defund Planned Parenthood after Doe released videos.
In separate litigation, a federal...
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