There is considerable hesitancy in the healthcare industry to rely on statistical sampling for questions deemed subjective in nature, or when the sampling units in a population might be considered too unique.  This generally manifests when attempting to extrapolate liability…

A variety of cases have addressed the role of statistical sampling in healthcare matters, including litigation before courts, administrative hearings and other matters … Statistical Sampling Case Law

Courts have generally accepted statistical sampling and extrapolation as evidence to estimate damages.[i] However, the use of sampling for purposes of establishing liability in False Claims Act (“FCA”) litigation is an issue of conflict between those prosecuting FCA claims and those…