Whistleblower Litigation

Whistleblower laws allow private citizens to fight back against those who take advantage of Government programs. Zigler Law Group has experience litigating these complex claims. Some examples include:

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United States ex rel. Garbe v. Kmart 

Kmart charged $5 a month for certain generic drug prescriptions but charged significantly higher prices to customers with Medicare Part D coverage for the same prescription. 
 
After a former pharmacist blew the whistle, Kmart argued it had not overcharged the Government because it only offered these prices to members of an exclusive “club” and that the money paid by Part D was not federal funds.  


The Seventh Circuit held that there is little doubt that much of the money paid to Kmart under Medicare Part D came from government coffers and the price given to  customers paying cash should have been passed along to the Government. United States ex rel. Garbe v. Kmart Corp., 824 F.3d 632 (7th Cir. 2016). 

 

Kmart settled on the eve of trial agreeing to pay $59 million.