Phillips & Cohen partner Edward Arens provides his perspective as a whistleblower attorney on a qui tam case against hospital giant HCA alleging kickbacks and violations of the Stark Act.
It’s common for whistleblowers to amend their complaint with what they found in discovery, and attorney Edward “Ned” Arens doesn’t understand why the new evidence should be rejected. Arens is a partner at Phillips & Cohen in San Francisco, who represents whistleblowers but isn’t involved in the Bingham case.
“There’s nothing in the rule that limits where the information can come from,” he said. The rule doesn’t prohibit amending a complaint with facts learned during discovery, and the district court’s decision to that effect was highly unusual, he added.
“It’s common in litigation,” Arens told Bloomberg Law on Jan. 28.
Read the full article, “HCA Fights Revival of Kickback Suit Over Office Building Deals,” on Bloomberg Law’s website (subscription required).