K:\My Documents\Cases\Guidant\Court Filings\Complaint ... - BNA

CASE 0:11-cv-00022-DWF -AJB Document 45 Filed 01/27/11 Page 33 of 35forth herein.FIRST CAUSE OF ACTION(False Claims Act: Presentation of False Claims)(31 U.S.C. § 3729(a)(1))138. The United States repeats and realleges the preceding paragraphs as if fully set139. Guidant knowingly caused to be presented false or fraudulent claims forpayment or approval to the United States for the implantation of defective Prizm 2 andRenewal devices that were not reasonable and necessary and therefore were not reimbursableby the Medicare program.140. By virtue of the false or fraudulent claims that Guidant caused to be made, theUnited States suffered damages and therefore is entitled to treble damages under the FalseClaims Act, to be determined at trial, plus civil penalties of not less than $5,500 and up to$11,000 for each violation.forth herein.SECOND CAUSE OF ACTION(Unjust Enrichment)141. The United States repeats and realleges the preceding paragraphs as if fully set142. As a consequence of the acts set forth above, Guidant was unjustly enrichedat the expense of the United States in an amount to be determined which, under thecircumstances, in equity and good conscience, should be returned to the United States. TheUnited States claims the recovery of all monies by which Guidant has been unjustly enriched.33