For anyone who has ever litigated under the federal False Claims Act, also referred to as qui tam claims, you would know how tricky these cases can be. The name “qui tam” comes from the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which translates to “who pursues this action on our Lord the King’s behalf as well as his own.” While the party in interest is the government, the action itself is on behalf of an employee, known as a relator, acting as a private attorney general. The matter typically proceeds in private until the government determines whether it will intervene on the relator’s behalf.

A Chester County pharmaceutical company is facing serious allegations of misconduct as outlined in a recent decision qui tam from the Eastern District of Pennsylvania. Pentec Health, Inc. (Pentec), a local specialty infusion company, was under investigation by the federal government for allegations under the False Claims Act. The lawsuit, captioned United States Brasher v. Pentec Health, No. 13-05745, 2018 WL 5003474 (E.D. Pa. Oct. 16, 2018) (Robreno, J.), was filed under seal five years ago. The matter remained under seal that entire time with all parties, including the government, the relator and the company all joining in renewed requests for the case to remain private.