Chris Haney Published in Law360: "Extrapolating False Claims: The Debate In US V. Life Care"

Extrapolating False Claims: The Debate In US V. Life Care

Statistical analysis, sampling and extrapolation have become a leading tool in the struggle to minimize cost and effort when collecting data and evidence in litigation. Some courts have accepted statistical sampling and extrapolation as evidence to estimate damages in limited circumstances. In other cases, administrative agencies may use statistical sampling and extrapolation to determine overpayment amounts due to the government.

However, the use of sampling for purposes of establishing liability in False Claims Act litigation is an issue of conflict between those prosecuting FCA claims and those defending such claims. Whether it is appropriate to use sampling and extrapolation in an FCA case to establish the elements of a violation is at issue in United States ex rel. Martin v. Life Care Centers of America Inc., Case Number 08-cv-251, currently pending in the Eastern District of Tennessee. This article, co-authored by Chris Haney, Director in Duff & Phelps’ Fraud, Forensic and Investigations service line, offers an overview of that case, along with a summary of the primary arguments and a discussion of the wide-ranging implications of the court's possible rulings.

This article was previously published in Law360: Read the full article

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