You can't follow lab industry, or other healthcare, news without hitting a
qui tam case every week. These are cases where a relator - or "whistleblower" - brings fraud evidence to the governments and the courts, and, within certain rules, gets a chair of the fraud recoupment (such as 15%).
In a September 30, 2024, ruling, Florida judge Kathryn Kimball Mizelle has ruled in her federal court that qui tam violates the constitution. While this idea has surfaced occasionally, it's never been used to win a case. (Justice Clarence Thomas has raised the issue, but only as a dissent).
News reports seem to treat the decision as a local outlier that may be overruled on appeal. But it's still news.
- See the 53-page decision here.
- See coverage by ace LA Times journalist Michael Hitzik here.
- See an 8-page law firm analysis (Crowell & Moring) here.
- See a short note at Wilmer Hale law firm here.
