In a statement of interest (“SOI”) that it filed today in United States ex rel. Witkin v. Medtronic, Inc., No. 11-cv-10790-IT (D. Mass.), the United States reiterated its view that it need not prove but-for causation in a False Claims Act (“FCA”) case predicated on a false certification of compliance with the anti-kickback statute (“AKS”), . . .
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District Court in Massachusetts (Mis-)Applies But-For Causation Standard in False Claims Act Case Predicated on Alleged Violations of Anti-Kickback Statute
In a recent decision, Omni Healthcare, Inc. v. MD Spine Solutions LLC (D. Mass. Jan. 6, 2025), the court held that the relator needed to show but-for causation in a False Claims Act case predicated on alleged violations of the anti-kickback statute. The anti-kickback statute provides that “a claim that includes items or services resulting . . .
DOJ’s False Claims Act Settlement With QOL Medical Reinforces Risk To Pharmaceutical Companies That Provide Free Diagnostic Tests And Obtain Even Deidentified Results Of Those Tests
On November 15, 2024, the United States Attorney’s Office for the District of Massachusetts announced that QOL Medical and its CEO, Frederick E. Cooper, agreed to pay $47 million to resolve allegations that they caused the submission of false claims to federal health care programs by offering kickbacks, in the form of free Carbon-13 breath . . .
Gregg Shapiro Represents One of Whistleblowers in $19.4 Million Settlement with Kindred
On July 17, 2024, the Department of Justice announced that Kindred at Home, a hospice company, agreed to pay $19.428 million to resolve False Claims Act allegations that Kindred “knowingly submitted false claims and knowingly retained overpayments for hospice services provided to patients who were ineligible to receive hospice benefits under various federal health care . . .
Gregg Shapiro Represents Whistleblower In $24.4 Million False Claims Act Settlement With Massachusetts Hospital
On May 16, 2024, the Department of Justice announced that it had reached a $24.4 million settlement with Cape Cod Hospital (CCH) to resolve allegations that Gregg Shapiro’s whistleblower client, a former physician at the hospital, had filed in a False Claims Act qui tam complaint. The whistleblower alleged that CCH had violated the False . . .
Ultragenyx Pharmaceutical Agrees to Pay $6 Million to Settle Qui Tam Case Brought by Whistleblower Client of Gregg Shapiro Law
On December 21, 2023, the government announced that Ultragenyx Pharmaceutical Inc. (Ultragenyx) has agreed to pay $6 million to settle a False Claims Act qui tam case that Gregg Shapiro filed in 2021 on behalf of a whistleblower who was then working at Ultragenyx. The whistleblower alleged that Ultragenyx used kickbacks to generate sales of . . .
DOJ Files Statement Of Interest Rebutting Application Of A “But-For” Causation Standard In False Claims Act Cases Predicated On Violations Of The Anti-Kickback Statute
On October 27, 2023, in a declined District of Massachusetts qui tam case called United States ex rel. Witkin v. Medtronic, Inc., the Department of Justice (“DOJ”) filed a sweeping statement of interest on the proper causation standard in False Claims Act (“FCA”) cases predicated on violations of the anti-kickback statute (“AKS”), as well as . . .
Yogibo Agrees to Pay Over $217K to Resolve Customs Fraud Allegations
On July 26, 2023, the Department of Justice announced that it had reached a settlement for $217,832 with bean bag furniture maker Yogibo, LLC, in a customs fraud False Claims Act qui tam action that we initiated last year on behalf of our client, the former Warehouse Manager at a Yogibo facility in Nashua, New . . .
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U.S. Attorney’s Office in Vermont Poised to Settle Fifth Electronic Health Records False Claims Act Case
According to a press release issued earlier this week, EHR provider NextGen Healthcare, Inc., has accrued approximately $35 million to settle a Department of Justice matter. According to NextGen’s prior SEC filings, the company has been under investigation by the United States Attorney’s Office in Vermont since at least 2017 in connection with the certification . . .
U.S. Attorney’s Office Resolves Second Nursing Home Case Involving Improper Medicare Advantage Disenrollments
Yesterday, the United States Attorney’s Office for the Southern District of New York announced its second False Claims Act settlement involving allegations of illegal disenrollment of nursing home residents from their Medicare Advantage plans. The settlement serves both as a further warning to nursing home operators not to engage in such conduct, and as a . . .