DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161452P.pdf 05/05/2017 Shane Lager v. CSL Behring
U.S. Court of Appeals Case No: 16-1452
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Wollman, Circuit Judge, and Wright,
District Judge]
Civil case - False Claims Act. The district court did not err in
dismissing this FCA suit based on the Act's public disclosure bar, 31
U.S.C. Section 3730(e)(4)(A); viewed collectively, the public disclosures
provided enough information about the participants in the scheme to
directly identify the defendants and the subject drugs and "set the
government squarely on the trail" of the defendants' participation in the
purported fraudulent reporting of prices for DME infusion drugs; the
information thus met the first prong of the public disclosure bar by
identifying the defendants in the case; second, the information was
sufficient to show defendants' fraudulent activity and thus the second
prong of the public disclosure bar - identification of the subject matter
of the fraud - was also met.