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 quoted in FierceHealthPayer, in “After Implied Cert Ruling, Courts Will Focus on ‘Materiality,’” by Evan Sweeney.
Following is an excerpt:
“I think you’ll see lots of cases talking about what materiality means, and whether or not in certain circumstances the omission—for lack of a better word—was in fact material to the payment decision,” George Breen, an attorney with Epstein Becker & Green P.C. in the District of Columbia, told FierceHealthPayer: Antifraud.
Without a bright line interpretation, the issue of materiality is bound to be a sticking point in future FCA litigation, particularly as defendants move to dismiss claims.
“It opens the door to some litigation about what that word really means,” Breen said.
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