By Daniel Seiden, June 30, 2023
The U.S. Supreme Court revived a whistleblower’s False Claims Act lawsuit against Abbott Laboratories Inc., Arriva Medical LLC, and Alere Inc. The suit, filed by whistleblower Troy Olhausen, alleges the companies knowingly defrauded Medicare by improperly billing for diabetic testing supplies. The Supreme Court’s decision vacated the judgment of the U.S. Court of Appeals for the Eleventh Circuit, which had previously dismissed the case. The case was remanded back to the appeals court, following a recent Supreme Court ruling that a defendant’s subjective belief is central to determining fraud under the FCA.
