Representative Experience

• U.S. ex rel. Benaissa v. Trinity Health

  Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal.  U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).

• U.S. ex rel. Taylor v. Boyko, M.D. et al.

  Representation of ED company and other defendants in qui tam lawsuit alleging that ED provider’s violation of licensure laws caused submission of false claims and that defendants fraudulently billed services as performed by physicians even though patients were seen only by nurse practitioners. We obtained dismissal of the licensure claims and received summary judgment as to the upcoding claims. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020). The Fourth Circuit affirmed dismissal. U.S. ex rel. Taylor v. Boyko, 39 F.4th 177 (4th Cir. 2022).

• U.S. ex rel. Maur v. Korban et al.

  Representation of hospitals in a qui tam lawsuit alleging that cardiologist performed medically unnecessary cardiac stent procedures. Following declination, we obtained dismissal on grounds that the lawsuit was barred under the public disclosure bar. Following the Relator’s appeal, the Court of Appeals upheld the dismissal. U.S. ex rel. Maur v. Korban, 981 F.3d 516 (6th Cir. 2020).

• Representation of National Healthcare System of Potential Diversion and Updated Compliance Processes

  Represented Texas hospital and national healthcare system in investigating potential diversion by former hospital nurse.

• U.S. ex rel. Cook v. Integrated Behavioral Health, Inc., No. 2:20-cv-877, 2023 WL 2617399 (N.D. Ala. Mar. 23, 2023)
  On March 23, 2023, the United States District Court for the Northern District of Alabama dismissed a qui tam lawsuit against 23...
• U.S. ex rel. Waters v. Envision Healthcare Corporation, No. 2:19-cv-00873, 2023 WL 2636461 (E.D. Cal. Mar. 24, 2023)
  On March 24, 2023, the United States District Court for the Eastern District of California dismissed a qui tam lawsuit alleging that...
• National HealthCare Corporation Sells Seven Facilities

  Sale of seven facilities leased and operated by the company in New Hampshire and Massachusetts

• Brookdale Senior Living Completes Sale of 80 Percent Stake in Outpatient Therapy Division to HCA Healthcare

  Representation of Brookdale Senior Living Inc. (NYSE: BKD) in its definitive agreement to sell 80 percent of Brookdale Health Care Services, the Brentwood-based company’s home health and outpatient therapy division, to HCA Healthcare (NYSE: HCA), one of the nation’s leading healthcare providers, in an all-cash transaction for $400 million

• Representation of Envision Healthcare Corporation, Inc. in DOJ/OIG Investigation

  Representation of Envision Healthcare Corporation, Inc. in a DOJ/OIG investigation of allegations that allowing physician owners to share in anesthesia profits of Envision’s Folsom, California and Fresno, California ASCs violates the Anti-Kickback Statute.

• U.S. ex rel. Stone v. Traverse Anesthesia Assoc., PhyMed

  Lead counsel representing Traverse Anesthesia Assoc., an anesthesiology management company, in a DOJ investigation of False Claims Act allegations alleging fraudulent billing for medically-directed services, which resulted in declination by DOJ and negotiation of successful resolution of remaining allegations. U.S. ex rel. Stone v. Traverse Anesthesia Assoc. (TAA), PhyMed, (W.D. Mich.)

• U.S. ex rel. Vanasco v. AHP of Orlando, LLC

  Representation of AmSurg and affiliated surgery centers in a DOJ investigation of allegations that defendants violated the AKS by allowing physicians to share in anesthesia profits at the surgery center. We obtained a declination from DOJ and then persuaded the relator’s counsel to voluntarily dismiss the FCA lawsuit. U.S. ex rel. Vanasco v. AHP of Orlando, LLC, No. 16-cv-288 (M.D. Fla.)

• Fakorede v. Mid-South Heart Center, P.C.

  Lead counsel representing cardiology practice in FCA retaliation lawsuit alleging cardiologist was terminated after raising concerns that his recruiting agreement violated Anti-Kickback Statute and Stark Law. District court dismissed the lawsuit and dismissal was affirmed by the Sixth Circuit. Fakorede v. Mid-South Heart Center, P.C., 2017 WL 4217230 (6th Cir. Sep 22, 2017)

• U.S. ex rel. Cleland v. Pain Management Group, P.C., et al.

  Lead counsel representing pain management practice in allegations that practice engaged in fraudulent billing practices. Following declination of relator’s claims, negotiated a settlement relating to urinalysis billing practices. U.S. ex rel. Cleland v. Pain Management Group, P.C., No. 3:15-cv-1209 (M.D. Tenn.)