United States ex rel A+ Homecare, Inc. v. Medshares Management Group, Inc‪.‬

Defendant-Appellant Stephen H. Winters ("Winters") appeals the jury verdict and award of damages in favor of the Plaintiffs-Appellees, the United States ("the Government") and A+ Homecare, Inc. ("A+ Homecare") (collectively "the Appellees"). The jury found Winters liable under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733, for including fraudulent pension expenses on two Medicare cost reporting forms and awarded damages of $1,061,138.80. The district court remitted the award of damages to $602,565.43 to reflect the actual damages incurred by the Government, then trebled the amount to $1,807,696.29, pursuant to 31 U.S.C. § 3729(a). On appeal, Winters argues that the district court erred by: (1) excluding evidence regarding Medicare reimbursement of similar pension expenses at other home health agencies Winters owned; (2) denying Winterss motion for summary judgment on Count II of the complaint on the grounds that the deferred compensation accrual on the final cost report was immaterial; (3) failing to consider the merits of Winterss renewed motion for judgment as a matter of law; (4) denying Winterss motion for a new trial on the grounds that (a) the jury verdict was against the clear weight of the evidence; (b) there was no evidence the Government sustained any harm; and (c) the jury was confused in calculating damages. We conclude that the district court did not err on any of these issues, and thus, the jury verdict and remitted award of damages is AFFIRMED.