TidalHealth hospital wins dismissal of false claims case

A Delaware court May 11 tossed a False Claims Act case against TidalHealth Nanticoke Hospital, a 99-bed facility in Seaford, Del.

Chris O'Bier, a seller of medical equipment, sued TidalHealth Nanticoke, alleging the hospital violated the False Claims Act by engaging in a kickback scheme that unfairly denied her business.

Ms. O'Bier claimed in the lawsuit that the hospital almost exclusively referred patients to two other medical equipment suppliers, Lincare and Bay View Homecare. 

The court dismissed her claims as "implausible."

"There are countless other reasons why the hospital might not send patients to her. Perhaps it just thinks her rivals are better. She does not explain why her conspiracy theory is plausible, let alone describe it with particularity," the Delaware court opinion reads. "Even if her reasoning were plausible, the premise is wrong: The hospital does send patients to her."

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