American Journal of Law & Medicine

Fraud and abuse: False Claims Act complaints: required allegations.

Fraud & Abuse: False Claims Act Complaints: Required Allegations--United States ex rel. John Thomas Shaver v. Lucas Western Corp.(1)--The Eighth Circuit affirmed a district court decision holding that a False Claims Act ("FCA")(2) complaint must contain an allegation that the defendant instructed or caused the plaintiff to submit his medical claims to the government.(3) Appellant John Shaver was an employee of Lucas Western Corporation ("Lucas") until he was disabled by a work-related injury. The California Worker's Compensation Board directed Lucas to pay Shaver's medical bills, but Lucas allegedly failed to do so. Shaver brought an action against Lucas under the FCA, claiming that Lucas knew that Shaver would submit his medical bills to the Social Security Administration ("SSA") and Medicare. …

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