QUI TAM Medicare whistleblower case dismissed by 2nd Circuit. USA ex rel Takemoto v Nationwide Mut. Ins. Co., et al, 16-365, Jan. 18, 2017.  The Court found that Dr. Takemoto did not identify any Medicare beneficiaries for whom CMS made any conditional payments nor was he able to allege that any specific defendant owed any such payments to CMS.  his allegations were speculative to the extent that he claimed that 17% of the population is Medicare dependent.  Therefore, it stands to reason that up to 17% of the personal injury claimants and the insurers who paid their claims owed reimbursement to CMS. Takemoto also claimed that he knew that CMS had not been reimbursed because the insurers did not have a formal compliance procedures to insure that CMS was repaid.  He lacked any evidence of even one instance where Medicare was not reimbursed.  The case was dismissed