Statistical sampling and extrapolation are routinely accepted as evidence to estimate damages, and established methodologies to design and implement valid sampling studies are well-known.  Yet the role and propriety of a given analysis in litigation continues to be hotly contested. The…

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…

While many providers repay millions of dollars to CMS recovery audit contractors (“RACs”), a growing number are employing successful appeal strategies, allowing them to overcome the government’s demands and retain their revenue … appealing overpayments and demands for overpayment