David J. Linesch, the lawyer for the whistleblower, says he will litigate  the case against Epic. The suit contends that Epic is liable to the U.S. “under the treble damages and civil penalty provision for a civil penalty of not less than $5,000 and not more than $10,000 for each of the false or fraudulent claims herein, plus three times the amount of the damages which the government has sustained because of Defendant’s actions.”In late May, the False Claims Act was successfully used against eClinicalWorks, another vendor of an EHR system, which entered into a settlement to pay the federal government $155 million to settle a False Claims Act lawsuit contending that its products were faulty. The settlement was the first of its kind for a healthcare information technology company.

Jeffrey Newman represents whistleblowers but not the whistleblower in this case.