Earlier filed lawsuit bars whistleblower qui tam action

A whistleblower who filed a lawsuit alleging kickbacks could not later bring a false claims act case the 1st Circuit Court of Appeals has ruled. The defendants successfully argued that the qui tam action should be dismissed because the the law’s prohibition of public disclosure. The suit involved whistleblower Kay Poteet, a former employee of Medtronic who claimed the company paid kickbacks to medical professionals to get them to use its products.