82 results for 'nos:"False Claims Act - Torts - Personal Injury"'.
J. Treadwell partially grants the defense contractor's motion for summary judgment on the relator's claims alleging that the contractor violated the False Claims Act by falsifying compliance with contractual training requirements while providing security services in Afghanistan. The relator's claim based on the contractor's failure to comply with pre-deployment training requirements is dismissed. However, the claim based on annual refresher training may move forward. The relator presented evidence showing that people responsible for administering that training were aware of a scheme to forge signatures on training sign-in sheets and make it look like training was occurring when it was not. A genuine issue of fact exists as to whether the contractor submitted false claims for payment based on its failure to comply with the refresher training requirements.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: April 12, 2024, Case #: 5:20cv128, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims
J. Dever grants a hospice care company’s motion to dismiss False Claims Act (FCA) allegations brought by a former home hospice case manager. The manager claims the company committed Medicare fraud by falsely reporting hospice patients’ medical conditions in order to recertify them. However, as this is a qui tam claim and other managers already initiated similar actions previously, the FCA’s first-to-file rule applies and the manager’s suit is barred.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 10, 2024, Case #: 7:20cv90, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Health Care, Medicare
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J. Kness grants a pharmacy chain’s motion to dismiss the government’s joint complaint and intervention, but denies the pharmacy chain’s motion to dismiss the relators’ third amended complaint. This suit involves the pharmacy chain’s alleged attempt to garner Medicare and Medicaid kickbacks by inducing Cook County patients to fill their prescriptions at one of its specialty pharmacy locations. The court finds the government’s intervention does not allege a proper theory of False Claims Act liability, but that the relators’ amended complaint does.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: March 29, 2024, Case #: 1:14cv1558, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Health Care, False Claims
J. Frimpong denies in part a medical equipment manufacturer's motion to dismiss relators' allegations of violation of the False Claims Act. Relators allege that ventilators and patient monitoring systems manufactured and sold by the company are defective and unreliable and that the company "gave kickbacks to hospitals to purchase these devices at government expense." The relators have adequately pleaded remuneration and inducement under the Anti-Kickback Statute and have sufficiently alleged materiality and scienter under the False Claims Act.
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 28, 2024, Case #: 2:19cv10960, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims
J. Tostrud grants the former employee's motion for default judgment in suit against his former employer alleging retaliatory discharge under the False Claims Act and breach of contract. Taken as true, the employee's allegations satisfy all the elements of both claims, and the employer's failure to prosecute its counterclaims warrants dismissal of those counterclaims. Judgment is awarded in the amount of $1,821,620.68.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 26, 2024, Case #: 0:22cv2145, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims
J. Gallagher grants, in part, two medical device firms’ motion to exclude a relator’s expert in the allegations of violations of the False Claims Act and Anti-Kickback Statute. The complaint claims that the firms used a surgeon locator on their website to market potential clients for the Lap-Band product. The relator’s expert has almost 20 years of experience as an accountant and fraud examiner with certification in healthcare compliance. The expert matched the firms’ spreadsheets to the Medicare and Medicaid procedures for the calculations regarding the amount of “inducement-tainted Lap-Band devices.” He fails to account for causation means in the claims at issue are irrelevant and offer no factfinder value. Therefore, the “number of claims” opinions are denied and will not be presented to the jury.
Court: USDC Maryland, Judge: Gallagher, Filed On: March 18, 2024, Case #: 1:17cv668, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Experts, False Claims
J. Drozd denies, in part, Kaiser Permanente’s motion to dismiss an individual’s False Claims Act case. The individual has sufficiently alleged claims related to tampering with compliance software, and for retaliation.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: February 13, 2024, Case #: 2:19cv559, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Wright partially grants the optical medical supplier's motion for post-judgment relief in a successful action against it under the False Claims Act and Anti-Kickback Statute. The motion is granted regarding a claim related to one doctor's trip to New York, since there is insufficient evidence to support the jury's verdict regarding this trip, and insofar as the penalties imposed under the False Claims Act violate the Excessive Fines Clause. The motion is otherwise denied, and judgment is reduced to the amount of $216,675,248.55.
Court: USDC Minnesota, Judge: Wright, Filed On: February 8, 2024, Case #: 0:13cv3003, NOS: False Claims Act - Torts - Personal Injury, Categories: Damages, False Claims
J. Rodriguez denies several motions, including a motion for a new trial, brought by a healthcare provider after it was subject of a qui tam lawsuit involving fraudulent Medicare billing. While the healthcare company now disputes the methodology by which the number of false claims were counted, “it is simply too late” at this stage for the company to raise this issue, not least because it previously agreed on jury instructions.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: January 30, 2024, Case #: 5:17cv317, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Health Care, False Claims
J. Alston grants the software company's motion to dismiss defamation claims. An employee called out a coworker for plotting a scheme to receive kickbacks for selecting certain contractors to work on projects with the company. The employee claims the coworker, in retaliation for being reported, started a campaign of convincing coworkers that the employee is a "slut" and "slept her way to the top. The company can not be held responsible for what the coworker said.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: January 9, 2024, Case #: 1:23cv766, NOS: False Claims Act - Torts - Personal Injury, Categories: Defamation, False Claims, Whistleblowers
J. Leeson grants in part a company’s motion to dismiss an employee’s complaint that he was fired in retaliation for reporting that the company allowed its officers to access customers’ protected health information while outside of the United States, fraudulently classified its employees as Allentown residents to qualify for a tax credit, and laid off employees in violation of the Worker Adjustment and Retraining Notification (WARN) Act. The employee failed to state a claim under the False Claims Act.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: November 27, 2023, Case #: 5:23cv2166, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Whistleblowers, Employment Retaliation
J. Woodlock finds that a former employee was not fired for reporting fraud, as she claims. She refused to provide her former employer with specifics regarding the fraud she was claiming occurred, and she had been guilty unapproved absences.
Court: USDC Massachusetts, Judge: Woodlock, Filed On: November 13, 2023, Case #: 1:13cv11997, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Whistleblowers