FCA Liability After Escobar: Challenges And Opportunities For Device Companies

A recent Supreme Court decision addressing the False Claims Act holds important implications for medical device companies, according to Gibson Dunn attorneys John D. W. Partridge, Jonathan M. Phillips and Reid F. Rector in this guest column.

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The federal False Claims Act (FCA) is the government’s primary tool for policing alleged health-care fraud and abuse. For many medical device companies, the risks and costs associated with the FCA are all too familiar: recent years have seen a steady stream of blockbuster FCA lawsuits and hefty recoveries from device companies.

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