The Growth of Qui Tam Litigation in Healthcare

The surge in qui tam litigation — lawsuits brought by private individuals on behalf of the government — represents one of the most important shifts in healthcare law. We’ve witnessed how these cases have reshaped accountability, returning billions to taxpayers while empowering insiders to act against fraud.

Before the 1986 amendments to the False Claims Act (FCA), qui tam suits were rare. But those 1986 reforms expanded whistleblower incentives and anti-retaliation protections, sparking exponential growth. Since then, healthcare-related FCA cases have accounted for the majority of all qui tam recoveries, often exceeding $2 billion annually.

The rise of sophisticated fraud schemes — in pharmaceuticals, medical devices, and hospital billing — has fueled this trend. As whistleblowers continue to step forward, the FCA remains one of the government’s most effective tools for uncovering wrongdoing that might otherwise stay hidden.

The growth of qui tam litigation demonstrates the power of partnership between private citizens and public institutions in defending the integrity of healthcare programs.