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'Escobar' Conundrum: 2017's Biggest Story In Medtech False-Claims Enforcement

 
• By Elizabeth Orr

A Supreme Court decision that established a new standard in False Claims Act cases was key to FCA enforcement in 2017, when FCA enforcement remained a priority under the Trump administration.

Gavel

Last year's most important US False Claims Act story for the medical device industry was the continued repercussions and questions from a 2016 US Supreme Court decision, Universal Health Services Inc. v. United States ex rel. Escobar. The case changed the rules on when a company could be held liable for a false claim.

That’s according to Jonathan Phillips, a partner with Gibson Dunn, who discussed the law firm's 2017 Year-End False Claims...

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