United States ex rel. Hanks v. Florida Cancer Specialists, No. 18-3376 (2d Cir. 2020)Annotate this Case
Relator appealed the district court's dismissal of his Fifth Amended Complaint, which asserts claims under the False Claims Act and related state laws against certain healthcare providers, physician oncology practices, and group purchasing organizations. Relator alleged that defendants conspired with Amgen, a pharmaceutical company, to purchase Amgen drugs at discounted rates with knowledge that Amgen would fail to report the discounts to government agencies.
Although the Second Circuit held that relator's appeal was timely, the court did not reach the merits of his appeal. Rather, the court vacated and remanded for the district court to determine whether the False Claims Act's public disclosure bar applies to relator's claims--a jurisdictional question the district court elided when it dismissed relator's complaint on other grounds.