Supreme Court Asks Solicitor General About Whistleblower Cases

In a case that could have enormous implications for the federal government and the pharmaceutical industry, the United States Supreme Court has asked the Solicitor General to provide its position.  The issue involves Rule 9(b) of the False Claims Act, which requires a whistleblower to allege claims of fraud with specificity.  The Fourth Circuit Court of Appeals held that a whistleblower must “allege with particularity that specific false claims were presented to the government for payment.” In short, the appeals court wanted detailed and verifiable evidence of individual instances where the government was defrauded, even while acknowledging the difficulties that can be encountered in obtaining specific prescription invoices and the barriers posed by privacy laws.  The whistleblower has asked the Supreme Court to review the case, and the Supreme Court’s request for the position of the Solicitor General is being viewed as a positive sign by the whistleblower that the high court will accept review.

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