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U.S. EX REL. JOHN DOE v. PENNSYLVANIA BLUE SHIELD

No. 4:CV-96-0611.

54 F.Supp.2d 410 (1999)

UNITED STATES OF AMERICA ex rel. JOHN DOE I and John Doe II, Plaintiff, v. PENNSYLVANIA BLUE SHIELD, Xact Medicare Service, Inc., Defendant.

United States District Court, M.D. Pennsylvania.

June 16, 1999.

Attorney(s) appearing for the Case

David M. Barasch, United States Attorney, Anne Fiorenza, Assistant United States Attorney, Harrisburg, PA, Michael F. Hertz, Joyce R. Branda, Stanley E. Alderson, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, D.C., for the United States.

Kathleen E. Karelis, Crowell & Moring, LLP, Washington, D.C., Diane M. Tokarsky, McNees, Wallace & Nurick, Harrisburg, PA, for defendant Highmark, Inc.

John M. Humphrey, Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt, Williamsport, PA, Rita Grant Ndrika, Gardner, Carton & Douglas, Washington, D.C., James J. West, Law Offices, Harrisburg, PA, for relators.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

These related actions were brought by relators Brentley and Linda Hicks under the qui tam provisions of the False Claims Act, 31 U.S.C. §§ 3729-3733, specifically § 3730. Relators filed the first complaint, docketed to No. 4:CV-96-0611, on April 5, 1996. That complaint alleged that defendant Pennsylvania Blue Shield, d/b/a Xact

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