U.S. EX REL. DRAKEFORD v. TUOMEY

No. 13-2219.

792 F.3d 364 (2015)

UNITED STATES ex rel. Michael K. DRAKEFORD, M.D., Plaintiff-Appellee, v. TUOMEY, d/b/a Tuomey Healthcare System, Inc., Defendant-Appellant. American Hospital Association; South Carolina Hospital Association, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2015.


Attorney(s) appearing for the Case

ARGUED: Helgi C. Walker , Gibson, Dunn & Crutcher, LLP, Washington, D.C., for Appellant. Tracy Lyle Hilmer , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: James M. Griffin , Margaret N. Fox , A. Camden Lewis , Lewis, Babcock & Griffin, LLP, Columbia, South Carolina; Daniel M. Mulholland III , Horty Springer & Mattern, Pittsburgh, Pennsylvania; E. Bart Daniel , Charleston, South Carolina, for Appellant. Stuart F. Delery , Assistant Attorney General, Michael D. Granston , Michael S. Raab , Civil Division, United States Department of Justice, Washington, D.C.; G. Norman Acker, III , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. Melinda R. Hatton , Maureen D. Mudron , American Hospital Association, Washington, D.C.; Jessica L. Ellsworth , Amanda K. Rice , Hogan Lovells U.S. LLP, Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge DIAZ wrote the majority opinion, in which Judge DUNCAN joined. Judge WYNN wrote a separate opinion concurring in the judgment.


In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury's verdict and granted the government a new trial after...

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