U.S. EX REL. POTEET v. BAHLER MEDICAL, INC.

No. 09-1728.

619 F.3d 104 (2010)

UNITED STATES ex rel. Jacqueline Kay POTEET and John Doe, Plaintiffs, Appellants, v. BAHLER MEDICAL, INC., et al., Defendants, Appellees, Lawrence G. Lenke, M.D., et al., Defendants.

United States Court of Appeals, First Circuit.

Decided September 8, 2010.


Attorney(s) appearing for the Case

John R. Knight , with whom Everett B. Gibson , Andrew R. Carr and Bateman, Gibson, LLC were on brief, for appellants.

John W. Lundquist , with whom Dulce J. Foster and Fredrikson & Byron, P.A. were on brief, for appellees John Bendo, M.D., et al.

Ara B. Gershengorn , with whom Nicholas C. Theodorou and Foley Hoag, LLP were on brief for appellees Bahler Medical, Inc., et al.

A. Neil Hartzell , with whom Kevin G. Kenneally , LeClairRyan , Dean A. McConnell , Mark A. Fogg and Kennedy Childs & Fogg, P.C. were on brief for appellee George A. Frey, M.D.

Kent Wicker , with whom Reed Wicker, PLLC was on brief for appellees Steven Glassman, M.D.; John Dimar, M.D; and Mladen Djurasovic, M.D.

Before LIPEZ, HOWARD and THOMPSON, Circuit Judges.


HOWARD, Circuit Judge.

The False Claims Act (FCA) allows private persons to file qui tam actions on behalf of the United States against persons or entities who knowingly submit false claims to the federal government. 31 U.S.C. § 3730. In 2007, Jacqueline Kay Poteet brought a qui tam action against 120 spine surgeons1 and eighteen medical device distributors. Poteet, a former employee of Medtronic...

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