U.S. EX REL. CHOVANEC v. APRIA HEALTHCARE GROUP

No. 06-1619.

606 F.3d 361 (2010)

UNITED STATES of America on the relation of Christine CHOVANEC, Plaintiff-Appellant, v. APRIA HEALTHCARE GROUP INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 19, 2010.


Attorney(s) appearing for the Case

Kenneth T. Goldstein (argued), Krislov & Associates, Chicago, IL, for Appellant.

Allie Pang (argued), Department of Justice, Civil Division, Commercial Litigation Branch, Fraud Section, Washington, DC, for Appellee.

Before EASTERBROOK, Chief Judge, and CUDAHY and SYKES, Circuit Judges.


EASTERBROOK, Chief Judge.

The district court dismissed this qui tam action under 31 U.S.C. § 3730(b)(5), which provides: "When a person brings an action under this subsection, no person other than the Government may intervene or bring a related action based on the facts underlying the pending action." The complaint accuses Apria Healthcare of fraudulently billing the Medicare and Medicaid programs for medical devices (such as oxygen tanks) and related...

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