Whistleblower News From the Inside -- April 2, 2018

By the C|C Whistleblower Lawyer Team

Like her or not, you have to admit: Chelsea Manning has suffered for her beliefs. That’s brave – Chelsea Manning is running for the United States Senate. She faces a steep uphill battle in challenging Sen. Benjamin Cardin in the Maryland Democratic primary. But as with all disruptors, isn’t her presence in the race already a victory of sorts? The fact that Ms. Manning has grit is undeniable, but she is also controversial and polarizing. Time and time again she challenged the forces that threatened her rights as an American. As a whistleblower and hunger-striker, Ms. Manning shined a spotlight on issues of governmental ethics, freedom of speech, health care and gender. You don’t have to approve of her decisions to admit that she has been successful in her effect. Baltimore Sun

 Whistleblower wins lawsuit against Worcester sheriff’s office – A former employee of the Worcester County Sheriff’s Office won more than $1.5 million Friday in a whistleblower lawsuit against the department, alleging that he was fired for reporting illegal political campaigning activity by employees in 2010. “It’s an incredible win,” said Needham attorney Timothy M. Burke, who represented former Director of Human Resources Jude Cristo in his civil complaint, filed in 2011, against the Sheriff’s Office, Sheriff Lewis Evangelidis, former special sheriff Shawn Jenkins, and Captain Jason Dickhaut. “It’s a total vindication for Mr. Cristo and his family,” said Burke, who tried the case over about a day and a half with his son, Jordan E. Burke, in Worcester Superior Court. The jury returned their judgment in about an hour Friday, he said. The award was for $885,000, which will rise to about $1.58 million with interest, according to court documents. Boston Globe

 Gov’t Can’t Expand FCA Case Over Hep B Tests, Judge Says – A Massachusetts federal judge on Friday refused to let the government expand a False Claims Act suit against Fresenius Medical Care over allegedly fraudulently billed hepatitis B tests after intervening late in the game, ruling that the government was only granted permission to join the case as it stands. In his Friday ruling, U.S. District Judge George A. O’Toole Jr. refused to adopt U.S. Magistrate Judge Judith Gail Dein’s recommendation that the dialysis company’s bid to strike or dismiss new allegations against it by the government be denied. “The permission granted the government last year to intervene was permission to intervene in the case as it is,” Judge O’Toole ruled. “The government will get its chance to prove fraud. It takes control of the relator’s claims as they pertain to excessive [hepatitis B surface antigen] testing in violation of the False Claims Act. But that is all.” Law360