United States Ex Rel. Heineman-Guta v. Guidant Corp.

THOMPSON, Circuit Judge.

Appellant Heidi Heineman-Guta (“Heineman-Guta”), on behalf of the United States, brought a qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., against Guidant Corporation (“Guidant”) and Boston Scientific Corporation (“BSC”) alleging they engaged in a kickback scheme to promote'the sale and use of their cardiac rhythm management devices. The district court dismissed Heineman-Guta’s complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) on the basis that an earlier-filed complaint barred consideration of…