Larson Wins Dismissal of False Claims Act Lawsuit


A federal judge granted Larson’s motion to dismiss whistleblower complaint alleging unlawful sales schemes involving Biotronik, Inc., Cedars-Sinai Medical Center, and a Los Angeles-based doctor.

Relator, the Sam Jones Co., filed the lawsuit against medical device manufacturer Biotronik, Inc., Larson client Cedars-Sinai Medical Center, and a Los Angeles-based cardiologist, claiming False Claims Act (FCA) violations based on an alleged unlawful compensation structure related to the use of Biotronik’s cardiac rhythm management devices at Cedars-Sinai.

On Jan. 4, 2023, U.S. District Judge Philip S. Gutierrez ruled that the relator did not have independent knowledge of the allegations and could not meet the “original source” exception to the False Claims Act. Judge Gutierrez dismissed all claims without leave to amend. Partners Stephen G. Larson and Paul A. Rigali and associate Kimberly Wilkinson comprised the Larson team representing Cedars-Sinai.

Read the full article by Daniel Seiden in Bloomberg Law here (subscription required).


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