Legal Opinion

United States ex rel. Saldivar v. Fresenius Medical Care Holdings, Inc.

District Court, N.D. Georgia

Decided October 30, 2015No. CIVIL ACTION NO. 1:10-CV-1614-ATPublishedCited by 1 opinion

1Opinion of the Court

ORDER

Amy Totenberg, United States District Judge

This qui tarn action arises out of allegations that Defendant Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America (“Fresenius” or “FMCNA”) violated the False Claims Act (“FCA”), 31 U.S.C. § 3729, on a'regular basis when it submitted requests for reimbursement for lucrative dialysis drugs that it received for free. Relator Chester Sal-divar alleges that Fresenius billed Medicare for administration of overfill — a varying amount of extra medicine contained in individual vials the purpose of which is to facilitate…

2Cases cited32 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  4. Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
  5. Safeco Insurance Co. of America v. BurrSupreme Court of the United States · 2007

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3Cited by1 opinion

  1. United States Ex Rel. Saldivar v. Fresenius Medical Care Holdings, Inc.Court of Appeals for the Eleventh Circuit · 2016

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