Announcing the top settlement in Virginia for 2018
February 11, 2018 — K&G Law Group Partner Zachary Kitts announces that the $20.7 million settlement in the qui tam case styled U.S. ex rel. Arven v. Virginia Neurological Birth Injury Fund, et al., has been named the largest civil settlement in Virginia for 2018 by Virginia Lawyers Weekly.
This marks the second year in a row that one of Mr. Kitts’ qui tam cases has been one the top settlements in the Commonwealth. In 2017, the $4.2 million settlement in U.S. and Commonwealth of Virginia ex rel. Richard Morrow v. Fredericksburg Hospitalist Group, et al. was the eleventh largest settlement in the Commonwealth.
“It’s nice to finally capture the top spot, after coming so close in 2012,” Kitts said, referring to the $18.1 million settlement his firm obtained in 2012. That case, United States ex rel. Chao v. Calnet, Inc., et al. was the second largest settlement in Virginia in 2012. “It’s also nice to see more interest in the qui tam actions under the federal False Claims Act and Virginia Fraud Against Taxpayers Act,” Kitts said.
The qui tam provisions of the federal False Claims Act and Virginia Fraud Against Taxpayers Act allow any “person” with non-public knowledge of fraud on the government to retain counsel and prosecute the case in conjunction with either the United States Department of Justice or the Virginia Attorney General. Individuals filing suit under the law are frequently called “relators” or sometimes “whistleblowers.” Such individuals are eligible for a percentage of the government’s recovery. The percentage ranges from a low of 15% to a maximum of 30%.
The prosecution of qui tam cases is a niche speciality in the practice of law; so much so that Kitts has authored a highly-regarded guide for potential qui tam relators or whistleblowers. “It’s important that potential whistleblowers reach out to the right lawyers,” Kitts emphasized.
Kitts and K&G Law Group have excelled in this niche area of law, and have prosecuted state and federal qui tam cases across the United States. In the process, thier cases have returned more than $104 million to the public fisc.