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In Gierer v. Rehab Medical (E.D. Mo. Dec. 21, 2015), the district court clarified that punitive damages are not available in a § 3730(h) FCA retaliation case, regardless of whether the defendant is a public or private entity. Although the majority of cases to address the issue have involved claims against public entities, the court found that the private status of the defendant did not change the analysis because Congress had explicitly chosen not to include a punitive damages provision in the 1986 amendments to the FCA and the plain meaning of the FCA does not authorize punitive damages.

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Gail D. Zirkelbach
Partner – Los Angeles
Phone: +1 213.443.5549