George B. Breen, a Member of the Firm in the Health Care and Life Sciences and Litigation practices and Chair of the firm’s National Health Care and Life Sciences Practice Steering Committee, was featured in Corporate Disputes magazine, in “Mini-Roundtable: Disputes in the Healthcare and Life Sciences Industry.” The Q&A asked panelists to reflect on the common legal disputes companies in the health care industry may face.
Following is an excerpt:
CD: In your experience, what are some of the challenges that commonly arise in healthcare and life sciences disputes? Do these influence the way disputes should be handled?
Breen: One of the concerns for entities involved in FCA litigation is the potential repercussions associated with an unfavourable verdict. A finding of liability under the FCA can expose an individual or entity to possible exclusion from participation in federal health care programmes. In other words, loss of an FCA case can lead to the loss of the ability of an individual or entity to submit bills, or cause bills to be submitted, to recover, or to receive funds from any federal healthcare programme. This could include administrative, clerical, and other activities not directly related to patient care or the provision of any healthcare related services. This result is often described as the ‘atomic bomb’ because it has the potential to destroy not only an entity’s federal business but also its commercial business.