Steven Hartpence v. Kinetic Concepts, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA EX REL. No. 19-55823 STEVEN J. HARTPENCE, Relator, Plaintiff-Appellant, D.C. No. 2:08-cv-01885- v. CAS-AGR

KINETIC CONCEPTS, INC.; KCI-USA,

INC., OPINION

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Christina A. Snyder, District Judge, Presiding

Argued and Submitted July 10, 2020 Pasadena, California

Filed August 9, 2022

Before: Bobby R. Baldock, * Marsha S. Berzon, and Daniel P. Collins, Circuit Judges.

Opinion by Judge Collins

* The Honorable Bobby R. Baldock, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY **

False Claims Act

The panel reversed the district court’s summary judgment in favor of defendants in a qui tam action brought under the False Claims Act, and remanded for further proceedings.

Plaintiff and relator Stephen J. Hartpence alleged that defendants Kinetic Concepts, Inc., and its indirect subsidiary…