The U.S. District Court for the Middle District of Florida issued yet another opinion endorsing the use of statistical sampling in FCA cases. In its April 28, 2015 opinion in United States ex rel. Ruckh v. Genoa Healthcare, LLC., the district court held that the relator could use expert testimony of statistical sampling to establish FCA violations concerning claims submitted by defendants' skilled nursing facilities.
The relator alleged that the defendants violated the FCA by falsifying reports summarizing patients' medical conditions and the treatment provided to those patients. Relator further alleged fraud by the defendants who allegedly allowed unauthorized individuals to submit reports to CMS. After the defendants' motions to dismiss the complaint were denied, the relator moved to admit expert testimony on statistical sampling due to the "voluminous discovery" and the impossibility of "producing and processing the relevant medical records at the fifty-three medical facilities and some fifty-three off-site storage locations within a reasonable time." DOJ, which did not intervene in the case, filed a statement of interest in support of statistical sampling.
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