We served as lead counsel to Brookdale Senior Living in a qui tam lawsuit alleging that defendants fraudulently billed Medicare for home health services. The district court dismissed this lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court's 2016 Escobar decision. U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 265 F. Supp. 3d 782 (M.D. Tenn. 2017). The opinion can be read here.
Brookdale Senior Living (NYSE: BKD) is the nation's largest owner and operator of senior living communities throughout the United States and a leading national provider of senior-related services.