Jerry Martin

On August 2, 2021, the Department of Justice announced that mail-order testing supplier Arriva Medical LLC (Arriva), and its parent, Alere Inc.) Alere) have agreed to pay $160 million to resolve allegations that they violated the False Claims Act. The settlement resolves allegations that Arriva and Alere made, or caused, claims to Medicare that were false because kickbacks were paid to Medicare beneficiaries, patients were ineligible to receive meters, or patients were deceased.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Gregory Goodman, a former employee at an Arriva call center in Antioch, Tennessee. Goodman was represented by NAFUSA member Jerry Martin (MD Tennessee 2010-2013). Under the FCA a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act also permits the United States to intervene and take over the litigation. as the government did here. Goodman will receive $28,548,749 as his share of the recovery.

According to the Tennessean, Martin called the win a “true David versus Goliath story,” and  said he was proud to still be able to work with the government of “Team America” from time to time.