Representative FCA Cases

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Hall Render attorneys have represented health care providers in False Claims Act matters across the nation. These are some of our representative FCA cases:

United States ex rel. Swafford v. Borgess Medical Center, et al. Dismissed by the United States District Court for the Western District of Michigan, affirmed on appeal before the Sixth Circuit Court of Appeals, and certiorari denied by the U.S. Supreme Court. David French represented the physician practice group accused of violating the FCA by failure to properly document venous ultrasound studies. He represented the group at the trial level, on appeal, and in practice before the Supreme Court.

United States ex rel. Walters v. Daughters of Charity. Dismissed by the United States District Court, Southern District of Alabama, affirmed by the Eleventh Circuit Court of Appeals, certiorari denied by the United States Supreme Court. David Honig represented the hospital before the trial court, as well as the Court of Appeals and the United States Supreme Court. The case was brought by a whistleblower, alleging improper use of insulin for Medicare Part A patients.

United States ex rel. Gross v. AIDS Alliance. Dismissed by the United States District Court, Northern District of Illinois, affirmed by the Seventh Circuit Court of Appeals. David Honig and Kent Smith represented the institutional review board before the trial court and the court of appeals, in a whistleblower case alleging mismanagement of federal research grants.

United States ex rel. Cosens v. The Baylor University Medical Center, et al. Dismissed by the United States District Court, Connecticut, after successful appeal to the Second Circuit Court of Appeals. David Honig and Kent Smith represented three hospitals in two states in a nation-wide whistleblower case alleging improper use of cardiac devices.

Patricia Kupiec v. St. John Hospital & Medical Centers, Inc. and St. John Health Systems Home Services. Dismissed by the U.S. District Court for the Eastern District of Michigan, affirmed by the U.S. Court of Appeals.   Bruce Bagdady and Jon Rabin represented the hospital and home care agency in a claim brought by a former nursing home administrator alleging that she was discharged for reporting that home care patients were improperly billed directly for Medicare-covered services.

United States ex rel. Camillo v. Ancilla Systems, Inc. Dismissed by the United States District Court, Southern District of Illinois. David Honig represented the hospital in a claim related to unbundling of laboratory services and fraudulent reporting of travel expenses.

United States ex rel. Kreipke et al v. Wayne State University and Wayne State University Physician Group. Dismissed by the U.S. District Court for the Eastern District of Michigan.  Bruce Bagdady, Jon Rabin and Bradley Taormina, represented the physician group in an action pursued by the relator alleging that the organization presented false claims, and participated in a conspiracy with the University, to defraud the government in connection with Medicare charges and federal grants.

United States ex rel. Chomer v. Logansport Memorial Hospital. Dismissed with prejudice in the Southern District of Indiana. David Honig represented the hospital against an FCA claim based upon allegations of Stark Act and Anti Kickback statute violations.

United States ex rel. Coots v. Reid Memorial Hospital. Dismissed, in the Southern District of Indiana. David Honig and Drew Howk represented the hospital in a whistleblower case alleging Stark Act and Anti-Kickback violations, upcoding of services and the use of false diagnostic codes.

Shah v. Porter Memorial Hospital. Dismissed with prejudice in the Northern District of Indiana. David Honigrepresented the defendant against a retaliation claim under the FCA.

United States ex rel. Tucker v. Nayak. Dismissed by summary judgment, in the Central District of Illinois. David Honig represented Dr. Nayak in a whistleblower case alleging improper “incident to” billing of office and diagnostic services.

United States ex rel. Wilson v. Emergency Medical Associates of Illinois, Inc. Dismissed by the United States District Court, Northern District of Illinois. David Honig and Kent Smith represented the defendant before the trial court in a whistleblower case alleging Medicare fraud for physician billing in a teaching hospital.

United States ex rel. Hanks v. Amgen, Inc. Amy Garrigues  represented medical oncology company in getting dismissed from FCA lawsuit in Eastern District of New York.

United States ex rel (Sealed) vs. (Private Ambulance Company). Voluntarily dismissed prior to unsealing. David French was instrumental in the U.S. Government’s decision to decline intervention. The whistleblower then voluntarily dismissed the claim without any further action.

United States ex rel. (Sealed) vs. (Hospital). David Honig represented a hospital accused of over-billing laboratory claims in a sealed whistleblower case. He was able, through negotiation and document production, to persuade the government to decline intervention. The whistleblower then voluntarily dismissed the complaint.

United States ex rel. Beck v. Midwest Eye Consultants. Dismissed in part and settled in part in the Northern District of Indiana. David Honig represented the physician practice in a whistleblower claim alleging violations of the Stark Act and the Anti-Kickback Statute.

United States ex rel (Sealed) vs. (Major US city). Voluntarily dismissed prior to unsealing. David French represented the City, and through negotiation and production was able to persuade the U.S. Government to decline intervention. The case was then voluntarily dismissed by the whistleblower.

United States ex rel. (Sealed) v. (Interventional Radiologist). Tim Adelman represented a provider in a three year criminal investigation, alleging medical unnecessary procedures by a interventional radiologist.  After numerous presentations to the prosecutors, including presentation of expert witnesses, the Government declined to indict and close the case.

United States ex rel. (Sealed) v. (Large Health System). Tim Adelman represented a large health system in response to a civil investigative demand arising out of a whistleblower complaint that sleep centers were using unlicensed technicians.  After provided detailed legal analysis to Government regarding the licensing requirements for independent diagnostic facilities versus hospital based facilities, the Government closed the matter.

United States ex rel. (Sealed) vs. (Large Hospital).  David Honig represented a large hospital group accused of Stark and Anti-Kickback violations in a sealed whistleblower case. He was instrumental in persuading the government to decline intervention. The whistleblower then voluntarily dismissed the complaint.

United States vs. (Academic Medical Center). Amy Garrigues represented an academic medical center in connection with False Claims Act lawsuit involving allegations that its employed physician received improper benefits from a medical device company.

United States v. (Arizona Hospitals). Katherine Kuchan represented two hospitals in Arizona connection with a False Claims Act lawsuit brought by a hospital corporate responsibility auditor in resolving a False Claims Act lawsuit involving allegations that Medicare beneficiaries did not meet medical necessity criteria for inpatient rehabilitation services.

United States, State of Florida, ex rel. Barnes, v. Dr. David Spellberg, 21st Century Oncology and Naples Urology Associates. Amy Garrigues and Jon Zucker represented international radiation therapy company in connection with resolution of FCA lawsuit involving allegations of lack of medical necessity involving Fluorescence in Situ (FISH) tests and related inquiry into Stark compensation practices, and related entry into Corporate Integrity Agreement.

United States ex rel. Clausen v. Laboratory Corporation of America. Ritu Kaur Cooper represented Laboratory Corporation of America, Inc., a nationwide provider of health care diagnostic testing services in a qui tam action alleging that the laboratory billed the state Medicaid programs in violation of the state Medicaid regulatory rules and violated the Anti-Kickback Statute through its discounting practices.

United States, ex rel. D’Alessio, M.D. et al. v. Vanderbilt University. Amy Garrigues and Jon Zucker represent academic medical center in ongoing FCA litigation in the Middle District of Tennessee involving allegations of lack of teaching physician presence in connection with overlapping surgeries, medical direction of anesthesia services, and procedures performed in an Intensive Care Unit setting; lawsuit was unsealed in September 2013 after government decided not to intervene.

United States ex rel. Fry v. Health Alliance of Greater Cincinnati. Ritu Kaur Cooper represented The Christ Hospital, one of several defendants, in a False Claims Act case brought by the Department of Justice, in which the government alleged that the manner the hospital staffed its reading panel for noninterventional cardiology tests was in violation of the Anti-Kickback Statute. The case settled in May 2010.

United States ex rel. Herron v. Indianapolis Neurosurgical Group, et al. Settled in the Southern District of Indiana. David Honig, Kent Smith, and Drew Howk represented the physician practice and individual physicians in a whistleblower case alleging over-billing of evaluation and management codes.

United States ex. rel. Hilde-Philips v. St. Luke’s Hospital of Duluth and Dr. David Moyer. Katherine Kuchan represented a hospital in Minnesota in connection with a False Claims Act lawsuit brought by whistleblower physician involving allegations that another physician upcoded evaluation and management (E/M) services provided to Medicare beneficiaries.

United States v. (Hospital and Ambulance Company). Katherine Kuchan represented a hospital and ambulance company in Florida in responding to a Civil Investigative Demand involving medical necessity of ambulance transports, and following document production and negotiation, was able to persuade the U.S. Government to close the case without any further action.

United States ex rel. Howze v. Sleep Centers of Fort Wayne. Pending in the Northern District of Indiana. David Honig represents the defendant in a whistleblower claim alleging retaliation and the submission of false claims due to failure to follow administrative procedures.

United States ex rel. Huey v. Summit Healthcare Association. Settled in the Arizona District Court. David Honig, Tim Feeley,  and Katherine Kuchan represented the hospital in a whistleblower case alleging improper Medicare billing of observation patient visits.

United States ex rel. Kite v. Raritan Bay Medical Center. Ritu Kaur Cooper represented Raritan Bay Medical Center in a qui tam lawsuit that alleged the hospital defrauded Medicare by inflating its reimbursement claims to obtain “outlier payments.”

United States ex rel. Kite v. Robert Wood Johnson University Hospital Hamilton. Ritu Kaur Cooper represented in a qui tam lawsuit that alleged the hospital defrauded Medicare by inflating its reimbursement claims to obtain “outlier payments.”

United States vs. (Large Hospital System). Amy Garrigues  represented a large hospital system in connection with resolution of FCA lawsuit involving allegations of improper ambulance billing and related entry into Corporate Integrity Agreement.

United States v. (Large Hospital System). Katherine Kuchan represented thirty-two hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit brought by two whistleblowers involving allegations that implantable cardiac defibrillators were implanted in Medicare beneficiaries in violation of Medicare’s National Coverage Determination 20.4.

United States v. (Large Hospital System). Katherine Kuchan represented nine hospitals in a large hospital system and numerous other individual hospitals in resolving a False Claims Act lawsuit involving allegations that hospitals performed Kyphoplasty procedures on an inpatient basis when these minimally invasive procedures could have been performed on an outpatient basis.

United States v. (Michigan Hospital). Katherine Kuchan represented a hospital in Michigan in resolving a False Claims Act lawsuit brought by a whistleblower cardiologist involving allegations that another cardiologist performed unnecessary cardiac procedures on Medicare beneficiaries.

United States v. (Michigan Health System). Katherine Kuchan represented a health system in Michigan in connection with a False Claims Act lawsuit brought by an external auditor in resolving a False Claims Act lawsuit involving allegations of upcoding evaluation and management (E/M) services provided to cardiology patients.

United States ex rel. Reilly v. North Broward Hospital District. Ritu Kaur Cooper represented Broward Health in a qui tam action where a community orthopedic surgeon alleged that the hospital paid in excess of fair market value to employed physicians in part, for their referrals to Broward Health hospitals and clinics.  This case settled in September 2015.

United States ex rel. Schulten v. Gibson Memorial Hospital. Settled a retaliation claim, with all fraud claims dismissed, in the Southern District of Indiana. David Honig represented the hospital and affiliated entities in a whistleblower case alleging Stark law and Anti Kickback statute violations.

United States v. Shelby Memorial Hospital. Settled in the Central District of Illinois. David Honigrepresented the hospital in a case brought by the government alleging upcoding of pneumonia diagnosis codes for Medicare Part A patients.

United States v. Spectrum Comprehensive Care, Inc. (SCCI).  Ritu Kaur Cooper represented SCCI, a long term care hospital system in two False Claims Act cases; one brought by the Department of Justice and the other brought by five qui tam relators regarding independent contractor physician financial relationships and billing procedures.  Both cases settled in Spring 2007.

United States ex. rel. Kendall Suh, et al. v. HCA – The Healthcare Co. Amy Garrigues  represented national hospital system in resolution of False Claims Act lawsuit in Eastern District of North Carolina involving allegations of improper billing of physician assistants and in subsequent resolution of related FCA retaliation claim by former emergency room physician.

United States ex rel. Joseph Ting, v. 21st Century Oncology and South Florida Radiation Oncology. Hall Render attorneys represented international radiation therapy company in connection with resolution of FCA lawsuit involving allegations related to GAMMA billing for radiation oncology services.


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