Although the trend of ever-larger FCA recoveries by the DOJ is not new, what is new is a recent trend by federal district courts to make it even easier for the government to prove cases against healthcare defendants by allowing relators to use statistical sampling to prove FCA liability. 

 Read about the impact that statistical sampling and extrapolation-based liability could have on FCA cases and jurisprudence in the ABA-published article “What Are the Odds?: Proving Liability in False Claims Act Cases Through Statistical Sampling,” written by Norton Rose Fulbright lawyers Michael Koon and Savannah Wiseman. 

 Our team also briefed a new development in the statistical-sampling landscape in the October 1 blog post “Fourth Circuit agrees to review appeal of FCA sampling case.”