FY 2022 FCA Recovery Statistics Show Increase in DOJ and Whistleblower Actions, Which Continue to Target the Healthcare and Life Sciences Industries

On February 7, 2023, Principal Deputy Assistant Attorney General, Brian M. Boynton, announced that the Civil Division recovered over $2.2 billion in settlements and judgments under the False Claims Act (“FCA”) for fiscal year 2022.  Detailed statistics on FCA recoveries from 1986 through FY 2022 are available here.

The report reveals important trends, including:

  • More settlements and judgement, lower dollar values. The over $2.2 billion that was recovered in 2022 was the result of 351 settlements and judgements, the second highest total in FCA history.  However, though the number of settlements and judgements increased, the amount recovered in 2022 was less than half of the amount recovered in 2021 ($5.6 billion – the second largest total in FCA history).
  • Continued increase in cases being filed. 2022 saw an increase in the total number of new matters (up to 948 in 2022 from 810 in 2021) and the percentage of non-qui tam cases comprising new matters (up to 31% from 26% in 2021).
  • Healthcare and life sciences still dominate FCA attention. More than $1.7 billion of the total recovery (almost 80%) was recovered in matters that involved the healthcare and life sciences industries.  This continues the trend of the healthcare and life sciences industries being the dominant source of FCA recoveries.
    • More than half of the recoveries from the healthcare and life sciences industries were obtained in matters involving alleged violations of the Anti-Kickback Statute.

  • DOJ is more proactive. The number of qui tams involving the healthcare and life sciences industries were slightly down from 2021, and are still down from pre-pandemic levels. At the same time, the government continues its increased efforts to bring FCA actions directly.

  • Relators continue to drive important recoveries. The total amount recovered through qui tams involving the healthcare and life sciences industries increased from 2021, inching closer to pre-pandemic levels.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.