Florida and New York Classes Recommended for Certification in Gerber False Advertising Action

On February 20, 2019, Magistrate Judge Ramon E. Reyes, Jr., of the United States District Court for the Eastern District of New York, found that the proposed classes of New York and Florida consumers of Gerber Products Co.’s (“Gerber”) Good Start Gentle baby-formula satisfied their state law requirements, while proposed North Carolina and multistate classes […]

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Detroit Hospital System to Settle FCA Kickback Allegations for $84.5 Million

The U.S. Department of Justice (“DOJ”) announced on August 2, 2018, that Beaumont Health (“Beaumont”), a Detroit area hospital system, has agreed to an $84.5 million settlement to resolve a case setting forth False Claims Act (“FCA”) allegations that it defrauded Medicare, Medicaid, and Tricare by paying kickbacks to physicians in return for false billing […]

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Florida Health Care Group Pays $1.7 Million Settlement in Medicare False Claims Suit

The U.S. Department of Justice (“DOJ”) announced on July 2, 2018, that FWC Urogynecology LLC (“FWC”), a network of urogynecologists in Florida, has agreed to pay $1.7 million to settle claims that it violated the False Claims Act (“FCA”). The United States notified the court of its intent to intervene and prosecute the suit on […]

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Ambulance Company Kickbacks Result In $8.6 Million Settlement For HCA-Affiliated Hospitals

On October 4, 2017, the U.S. Department of Justice announced that four hospitals in the Houston, TX area affiliated with HCA Holdings, Inc. (“HCA”) will pay an $8.6 million settlement regarding a False Claims Act (“FCA”) suit. The hospitals, Bayshore Medical Center, Clear Lake Regional Medical Center, West Houston Medical Center, and East Houston Regional […]

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FCA Suit Against HealthMarkets Dismissed

U.S. District Judge Mary S. Scriven dismissed a suit brought against HealthMarkets Inc. (“HealthMarkets” or the “Company”) by an anonymous whistleblower (“John Doe” or “Doe”) on May 23, 2017, after the federal government declined to intervene and John Doe dropped the suit. In the complaint, originally filed under seal in April 2016, Doe accused the […]

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PA Doctors Motion for Summary Judgment after Third Circuit Ruling

The False Claims Act (“FCA”) requires a materiality to establish a claim for liability, and defines “material” as a natural tendency or capability to influence a bribe. Earlier this year, the Third Circuit applied a stricter materiality standard in United States ex rel. Petratos v. Genentech Inc. (“Petratos“), 855 F.3d 481 (3d Cir. 2017). The […]

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Anham Fights Against False Claims Allegations

In 2014, Anham FZCO (“Anham”), a United Arab Emirates-based food supply contractor for the U.S. military in Afghanistan, was accused of misleading the government about the construction of a warehouse and its transportation of goods through Iran. Anham currently holds an $8.1 billion vendor contract with the U.S. Department of Defense (“DOD”). One of Anham’s […]

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Allergan Kickback Claims Survive Provisional Stage

John Wood (“Wood”) served as a senior territory manager for Allergan Inc. (“Allergan” or the “Company”) from October 2008 through July 2010, during which time he became privy to the allegedly illegal practice of bribing physicians to prescribe Allergan drugs in exchange for $100 million worth of drug samples and other goods. Once Wood internally […]

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FCA Sampling Case Left Undetermined

In September 2015, the Fourth Circuit agreed to hear the United States ex rel. Michaels v. Agape Senior Community, Inc., cv-15-2147, case in which Agape Senior Community, Inc. (“Agape”) allegedly improperly billed Medicare and Medicaid for certain hospice services, thereby violating the False Claims Act (“FCA”). When oral arguments were held on October 26, 2016, […]

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Former American Senior Communities’ Executives Indicted

Two former executives of the nursing home chain, American Senior Communities (“ASC” or the “Company”), James Burkhart (“Burkhart”) and Daniel Benson (“Benson”), are facing charges for defrauding Medicare, Medicaid, and their own company. The two former executives were having vendors overcharge the company for services, some of which the government paid for, and had vendors […]