Dentsply v. Bates: Taking a “Bite” Out of False Claim Act (FCA) Violations for Lack of Evidence

By Thomas Sullivan Last updated May 5, 2018

Recently the U.S. District Court for the Eastern District of Pennsylvania dismissed Plaintiffs’ qui tam False Claim Act (FCA) claims, finding that the plaintiffs had failed to produce any evidence that Defendants “influenced” any health care provider to submit a false claim for reimbursement to the federal government.

Plaintiffs, in this case, were former employees of Dentsply International, Inc. (“Dentsply”), a company that designs, develops and manufactures professional dental supplies, including consumable, laboratory, and specialty products. The former employees alleged that Dentsply violated the FCA by engaging in various illegal marketing activities that caused dental providers to submit false claims to government healthcare programs. They also accused the company of providing bribes and kickbacks to those dental providers in violation of the Anti-Kickback Statute. The Anti-Kickback Statute prohibits the making of false statements or misrepresentations as part of “any application for any benefit or payment under a Federal health care program.”