Qui tam relators may have a difficult time in the future when relying upon stolen records or confidential patient information in False Claims Act (“FCA”) whistleblower actions after a recent decent by the United States District Court for the Southern District of Ohio. See Cabotage v. Ohio Hospital for Psychiatry, No. 11-cv-50 (S.D. Ohio July 27, 2012). Our colleagues at the Life Sciences Legal Update blog recently discussed the impact of Cabotage, in which a registered nurse supported her allegations of FCA violations by relying on information that she surreptitiously removed from the hospital where she was employed. The district court issued an order preventing the nurse from using the confidential information in the instant action because the information was confidential. A step in the right direction for defendants facing whistleblowers who have inappropriately used or taken confidential information from their employer. To read the entire posting, please click here.
