United States ex rel. Gonzalez v. Fresenius Medical Care North America et al.

On February 25, 2010, a unanimous jury in the United States District Court for the Western District of Texas returned a verdict in favor of Dowd Bennett client Fresenius Medical Care.  The case was brought by a private qui tam relator under the False Claims Act.

The trial in El Paso, Texas started on January 25, 2010.  Dowd Bennett attorneys Jim Bennett, Megan Heinsz and Jennifer Aspinall worked on the case with a team of attorneys and handled, among other items, jury selection, opening statement, examination of multiple witnesses, and closing argument.  The trial was reported to be the longest civil case tried to verdict in that district in the past decade.  The jury returned its verdict less than 45 minutes after it started deliberations.  Post trial motions are expected to be filed.

View Verdict Form:

February 25, 2010 Verdict Form U.S. ex rel. Gonzalez v. FMC et al. (PDF)

View related News:

February 25, 2010 Dowd Bennett Obtains Defense Verdict for Fresenius Medical Care