U.S. ex rel. Emanuele v. Medicor Assocs (Summary)

Fraud and Abuse

U.S. ex rel. Emanuele v. Medicor Assocs., C.A. No. 10-245 Erie (W.D. Pa. July 26, 2013)

The United States District Court for the Western District of Pennsylvania denied a motion to dismiss a cardiologist’s claims against a corporation that provides cardiology services, a hospital and several physicians for violations of the Stark Act, the Anti-Kickback Statute and the False Claims Act.  The court found that the cardiologist alleged with specificity the nature of the fraudulent scheme, the financial arrangements and inducements among the parties that gave rise to the cardiologist’s belief that fraud occurred.  In addition, the court determined that the Wartime Suspension of Limitations Act does not allow for private False Claims Act claims and, therefore, ruled that some of the cardiologist’s allegations were time-barred.