Texas surgery practice Peripheral Vascular Associates PA persuaded a federal appeals court Friday to toss a $28.7 million Medicare fraud judgment against it.
The lower court abused its discretion by not granting a new trial to calculate damages, the US District Court of Appeals for the Fifth Circuit said.
Judge Catharina Haynes remanded the case for a new trial.
A jury in 2022 found that Peripheral billed Medicare for vascular ultrasound services it didn’t perform. The case was brought under the False Claims Act by a group of whistleblowers, who stood in as a relators in the case.
The ...