Monday, October 17, 2005

Recent Whistleblower Case May Change Way Relator Fee Calculated

SoundPractice.net recently reported an interesting whistleblower lawsuit coming out of the Disctrict Court of Pennsylvania. In United States ex rel. Nudelman v.International Rehabilitation Associates Inc., E.D. Pa., No. 00-1837, a "whistleblower" asked that the percentage award be based not only on the value of the false claims submitted, but also include the cost of the corporate integrity agreement ("CIA") used to monitor the provider after the settlement.

The District Court held for the whistleblower (commonly referred to as the relator). The Court ruled that the relator's fee could be based on both the value of the False Claims and the cost of the corporate integrity agreement (CIA). This boosted the amount used to calculate the recovery by $1.65M.

I haven't located the case yet - but will plan to post an update if I locate a copy.

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