George B. Breen, Elizabeth A. Harris, and Daniel C. Fundakowski, Members of the Firm in the Health Care & Life Sciences practice, co-authored an article in Law360, titled “Record FCA Recoveries Signal Intensified Healthcare Focus.”

Following is an excerpt (see below to download the full version in PDF format):

The release of the annual U.S. Department of Justice False Claims Act statistics on Jan. 16 - the first such statistics of the second Trump administration - underscores the government's commitment to FCA enforcement in 2026 and beyond.

Fiscal year 2025 yielded record-breaking enforcement results, with settlements and judgments totaling $6.8 billion for the year ending Sept. 30, 2025, the highest recovery in a single year in the statute's history. This represents more Than a two-fold increase from fiscal year 2024's $3.1 billion in recoveries.[1]

According to the DOJ's release, the FCA "remains one of the government's most powerful weapons against fraud" in the second Trump era. [2] The fiscal year 2025 statistics do reflect matters commenced in the previous administration, and some of the recoveries involve large trial verdicts subject to appeal, including a $948.8 million judgment against Omnicare Inc. and a $1.6 billion trial against Johnson & Johnson.

While those circumstances may inflate the final figures, the trajectory suggests that heightened enforcement is likely. Healthcare matters generated more than $5.7 billion of the total $6.8 billion recovered in fiscal year 2025, a striking 83% of total recoveries - a substantial increase from 60% in the previous year.

The government's emphasis on record healthcare recoveries and government- initiated healthcare matters indicates that healthcare entities can expect robust enforcement in both 2026 and the years ahead. Yet the administration also continues to focus on current policy objectives, extending the FCA outside the healthcare sector.

Meanwhile, courts continue to grapple with the long-running circuit split on the issue of but-for causation, judgments exceeding eight figures and questions of whether qui tam relators should be bringing FCA cases at all. We analyze key enforcement metrics and emerging issues in detail below.

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Download the full article in PDF format: "Record FCA Recoveries Signal Intensified Healthcare Focus"
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