United States ex rel. Liesa Kyer v. Thomas Health System, Inc.
Split Score
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Case Summary
Disposition
Affirmed
The Fourth Circuit affirmed the dismissal of whistle-blower Liesa Kyer’s False Claims Act suit against Thomas Health System and related entities. The court held that the 83-page complaint failed to plead Stark-Law or Anti-Kickback-Statute violations with the particularity required by Rule 9(b) and that the district court did not abuse its discretion in denying post-judgment leave to amend.
Circuit Split Identified
Legal Issue
Whether the phrase “resulting from” in 42 U.S.C. § 1320a-7b(g) (Anti-Kickback Statute) requires but-for causation between the alleged kickback and the False Claims Act submission.
Circuit Positions
But-for causation required under § 1320a-7b(g).
Only a causal link (less than but-for causation) is necessary.
Issue undecided / no position taken in this opinion.
Conflict Summary
Several circuits hold that liability attaches only when the government claim would not have been submitted ‘but for’ the kickback, while at least one circuit permits liability so long as there is a causal ‘link’ between the kickback scheme and the claim. The Fourth Circuit acknowledged the split but expressly declined to choose a side in this opinion.