May 6, 2015
In a lawsuit brought under the False Claims Act (“FCA”) a federal district judge in Florida recently rejected a defendant’s challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff’s expert witness in order to avoid offering into evidence each and every one of the allegedly false claims that were at issue in the case. In the court’s opinion, Judge Steven D. Merryday recognized that “no universal ban on expert testimony based on statistical sampling applies in a qui tam action.” The key takeaway for providers is the potential for expanded FCA liability, because courts may permit plaintiffs to use a sampling of claims – as opposed to the entire universe of claims at issue – in order to meet their burden of proof.

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