United States Ex Rel. Drakeford v. Tuomey Healthcare System, Inc.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge DIAZ joined. Judge WYNN wrote a separate opinion concurring in the result.

OPINION

DUNCAN, Circuit Judge:

This appeal arises from the district court’s order granting final judgment to the United States upon equitable1 claims of payment by mistake of fact and unjust enrichment against appellant Tuomey Healthcare System, Inc. (“Tuomey”) arising out of alleged violations of the Social Security Act, and awarding damages in the amount of $44,888,651.00, plus pre- and post-judgment interest.

In the underlying…