White Paper

3 Pages
  • 3 Pages

Statistical Sampling Use Establishing Damages and Liability Under False Claims Act Remains Option


Healthcare Industry Beware: Statistical Sampling to Establish Damages and Liability Under the False Claims Act Remains a Viable Option for Plaintiffs

The law on whether statistical sampling can be used to establish liability under the False Claims Act remains unsettled. No federal appellate court has straightforwardly discussed whether or not statistical sampling is suitable for proving liability under the False Claims Act. There was a chance to address it in 2017, but the Fourth Circuit opted not to. This white paper reviews what the health care industry can do in the face of the unknown.



Robert T. Rhoad


Robert Rhoad is a partner in the Government Contracts, Investigations & International Trade Practice Group in Sheppard Mullin's Washington, D.C. office. Mr. Rhoad is a trial lawyer with over 20 years of experience and his primary area of focus is complex litigation involving the federal False Claims Act, state false claims laws, fraud and abuse matters, and criminal and civil government enforcement actions initiated by qui tam relators (whistleblowers) and/or brought by federal and state governmental authorities. In recognition of his success, among other accolades, Mr. Rhoad has been listed as a Washington, D.C. "Super Lawyer" by Super Lawyers® in the Civil Litigation category and as a "Top Lawyer" by Washingtonian magazine in the Whistleblower Defense category – one of only six attorneys so designated.

Matthew W. Turetzky

Sheppard, Mullin, Richter & Hampton LLP

Matthew Turetzky is an associate in the Government Contracts, Investigations and International Trade Practice Group in Sheppard Mullin’s San Francisco office. Matthew’s practice focuses on litigation involving government contractors, health care providers, financial institutions, and technology companies in a variety of matters. He has assisted clients in state and federal False Claims Act litigation, contract disputes in state and federal courts, RICO actions, labor and employment litigation, intellectual property disputes, regulatory compliance matters, and international arbitrations.

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