Legal Opinion
United States Ex Rel. Hutcheson v. Blackstone Medical, Inc.
Court of Appeals for the First Circuit
Decided June 1, 2011No. 10-1505PublishedCited by 211 opinions
1Opinion of the Court
LYNCH, Chief Judge.
In this qui tam action brought under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., relator Susan Hutcheson appeals from a Rule 12(b)(6) dismissal of her claims against Blackstone Medical, Inc. (Blackstone).
Hutcheson argues that Blackstone “knowingly” “cause[d]” hospitals and physicians to submit materially “false or fraudulent” claims to Medicare, Medicaid, and TRICARE in violation of 31 U.S.C. § 3729(a)(1) & (2). She alleges that Blackstone engaged in a nationwide kickback scheme to induce physicians to use its medical devices in spinal surgeries and that…
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3Cited by211 opinions
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