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Top-10 False Claims Act Kickback Recoveries for 2017

Posted  01/19/18
By the C|C Whistleblower Lawyer Team Here is our look-back at the Top-10 Department of Justice False Claims Act recoveries in 2017 for violations of the Anti-Kickback Statute and/or the Stark Law.  Click here for a full chronological listing of all the DOJ False Claims Act recoveries in 2017.
  1. Shire Pharmaceuticals LLC  The Ireland-based drug maker and certain subsidiaries agreed to pay $350 million to...

Florida Judge Erases $350M Jury Verdict in FCA Case

Posted  01/18/18
By the C|C Whistleblower Lawyer Team Last Thursday, a judge in the Middle District of Florida threw out a $350M jury verdict against a nursing home provider. The basis of the decision was a stringent interpretation of the FCA’s materiality element. The ruling heavily relied upon the 2016 Supreme Court decision in Universal Health Services v. Escobar. This is the latest example of that ruling being hashed out in...

Following $155M FCA Settlement, EHR Provider Hit with Class Action Suit

Posted  01/4/18
By the C|C Whistleblower Lawyer Team Last May, eClinicalWorks (ECW) resolved allegations that it misrepresented the capabilities of its software when the EHR has being tested for CMS certification. Healthcare providers that use CMS-certified EHR software qualify for incentive payments from the agency. Instead of developing software that met the relevant requirements, ECW allegedly designed software to pass the...

2017 Whistleblower of the Year Nominee -- Sanofi Aventis

Posted  12/22/17
This "Whistleblower Spotlight" features Sanofi Aventis US, one of our candidates for 2017 Whistleblower of the Year.  The US subsidiary of the French pharmaceutical giant is our only "corporate" candidate for this accolade but represents a growing trend in the whistleblower world of companies saying something when they see something they believe falls outside the realm of business fair play.  In this case, it was...

United Therapeutics Settles FCA Suit for $210M

Posted  12/21/17
United Therapeutics (UT), a Maryland-based pharmaceutical company which produces and distributes drugs for treating pulmonary arterial hypertension, has settled allegations that it illegally paid kickbacks to Medicare patients through its charitable foundation. In its effort to sell more pulmonary arterial hypertension drugs (including Adcirca, Remodulin, Tyvaso, and Orenitram), the company used a non-profit...

Two Physician Groups Pay Over $33M to Resolve Whistleblower Claims Involving HMA Hospitals

Posted  12/20/17
By the C|C Whistleblower Lawyer Team Two physician groups, Dallas-based EmCare Inc. and Pennsylvania-based Physician’s Alliance Ltd (PAL), agreed to settlements that resolve claims the groups received illegal kickbacks in exchange for referring patients to hospitals owned by Health Management Associates (HMA). The settlements, announced by the Justice Department yesterday, resolve two separate whistleblower...

New Jersey Doctor and Son Sentenced to Prison for Medicare Fraud

Posted  12/19/17
By the C|C Whistleblower Lawyer Team New Jersey doctor Robert Claude McGrath and his chiropractor son Robert Christopher McGrath were sentenced to prison for conspiring to defraud Medicare by using unqualified people to give physical therapy to Medicare recipients.  The pair, sentenced to 30 and 12 months respectively, previously pleaded guilty to the charges.  They also were ordered to pay restitution of...

Pharmaceutical Rep Whistleblower Warned of the Dangers of Antipsychotic Drug Seroquel

Posted  12/18/17
By the C|C Whistleblower Lawyer Team The Chicago Tribune reports on the story of pharmaceutical sales representative turned whistleblower, Allison Zayas. Zayas worked for pharmaceutical company AstraZeneca marketing and selling the antipsychotic drug Seroquel to doctors and nursing homes. In the winter of 2009, one of Zayas’ clients, a doctor, described to her how a patient died while taking a combination of...

DaVita Rx Agrees to Pay $63.7 Million to Resolve False Claims Act Allegations

Posted  12/15/17
By the C|C Whistleblower Lawyer Team DaVita Rx LLC, a nationwide pharmacy that specializes in serving patients with severe kidney disease, agreed to pay a total of $63.7 million to resolve False Claims Act allegations relating to improper billing practices and unlawful financial inducements to federal healthcare program beneficiaries, the Justice Department announced today.  DaVita Rx is based in Coppell,...

Oncology Clinic Settles FCA Suit for $26M

Posted  12/13/17
By the C|C Whistleblower Lawyer Team Florida-based 21st Century Oncology Inc. and several of its subsidiaries have settled allegations regarding the practice’s use of Electronic Health Records (EHR) software. The settlement is a result of a self-disclosure of violations made under Medicare’s EHR incentive program. The incentive program allows healthcare providers that attest to meaningful use of their EHR...
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