On September 7, 2017, Susan Gouinlock participated in a panel discussion at the 2017 Federal Bar Association Health Law & Policy Forum in Atlanta, Georgia. The panel focused on the U.S. Supreme Court’s decision in Universal Health Services, Inc. v. Escobar and its wide-reaching implications for False Claims Act (FCA) litigation.
Susan and fellow panelists explored how the Escobar FCA impact has changed the way courts interpret materiality, scienter, and pleading standards in healthcare fraud cases. She offered practical insight into how defense and relator counsel alike are adjusting their litigation strategies in response to the heightened scrutiny around what constitutes a “material” misrepresentation under the FCA.
Drawing from her experience litigating complex qui tam cases, Susan discussed how the Escobar FCA impact continues to evolve, especially as lower courts apply its principles to a wide range of fraud scenarios. Her analysis helped attendees understand how Escobar is influencing government intervention decisions, discovery burdens, and motions to dismiss in whistleblower-driven healthcare enforcement.
Susan’s contributions provided a valuable, real-world perspective on managing the legal complexities brought about by the continuing Escobar FCA impact.
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