Commonwealth v. Hunter Laboratories, LLC
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The Supreme Court affirmed the judgment of the trial court in this qui tam case filed by Relators alleging that several laboratories illegally inflated the bills they submitted to Virginia’s Medicaid program, holding that the trial court did not err in concluding that Relators were entitled to twenty-eight percent of the proceeds of the gross proceeds of the settlement in this case.
After the parties settled, the parties disagreed with respect to whether Relators were entitled to twenty-eight percent of the gross proceeds of the settlement or whether the twenty-eight percent share should come out of the Commonwealth’s net share of the proceeds. At issue was the provision in Va. Code 8.01-216.7(B) that the relator is entitled to a share “of the proceeds of the award or settlement.” The Supreme Court held that the proceeds of settlement means the gross proceeds and, accordingly, affirmed the judgment of the court below.
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