United States Ex Rel Gross v. Aids Research Alliance-Chicago

Sanford Gross was a subject in an AIDS research study funded by the National Institutes of Health ("NIH") and conducted by the AIDS Research Alliance-Chicago ("the Alliance"). Catholic Health Partners acted as the Institutional Review Board for the study. Gross brought a claim on behalf of the United States under the qui tam provision of the False Claims Act ("FCA"), 31 U.S.C. § 3729(a), alleging various acts of negligence and mismanagement by the Alliance, several of its participating medical professionals, and Catholic Health Partners. Gross alleged that the defendants submitted various forms and reports to the government during the course of the study and these constituted "certifications" that the study was being conducted in compliance with federal regulations, grant study protocols, and "Good Clinical Practices," when, in fact, it was not. These are the alleged "false claims" that form the basis of Grosss action under § 3729(a).