Sample Nolan & Auerbach Qui Tam Cases
Our attorneys continue to be committed to devoting our experience and expertise to attain the maximum recoveries possible. Potential cases are reviewed by our experts before filing, to ensure responsible advocacy and thorough preparation. We possess sophisticated legal skills and the financial resources necessary for the handling of large, complex cases. We care and understand. Our cases break each year:
In January 2007, the Government partially intervened in a Cost Report case against a New York hospital by our client, who worked in the finance office. The amount of the overpayment amounts to several million dollars.
In November 2006, the Court unsealed all pleadings in a pharmaceutical off-label marketing and kickback case in the Middle District of Florida which the Government has declined to intervene in, due to insufficient time to investigate. Although the Government continues to investigate, we expect a hard-fought battle from the beginning, with or without the Government. Our two clients are former sales representatives.
In August 2006, the Government announced a settlement with Schering-Plough Corporation (still subject to Court Approval) in the aggregate global (civil and criminal) recovery of $435 million. Our clients’ case, originally filed in 2001, which was one part of the aggregate global amount, involved allegations of kickbacks and improper off-label and marketing, of the drugs Temodar, Intron A, and Rebetron. The extent of, and exact percentage of the Relator share is still at issue.
In July, 2005, a Nolan & Auerbach client received a relator share of over $400,000.00. Her case was against a Texas hospital and several Texas physicians. The case involved improper billing to the Medicare program for podiatrist services and resulted in a civil settlement of over $2 million dollars.
In February, 2004, a New York City hospital paid $12 million to settle allegations that it knowingly received in error more than $14 million in two Medicare payments from Empire Blue Cross and Blue Shield relating to its GME program, and then failed to disclose them, as required by law. Out of this recovery, Nolan & Auerbach client received a relator's share in the amount of $2.1 million dollars.
In September, 2003, Nolan & Auerbach settled a case against a large durable medical equipment provider. It paid $1.75 million in a case of first impression, to settle allegations that the company inappropriately violated TRICARE healthcare insurance requirements due to the "off-label" sales of one of its products. Out of this recovery, our client received a relator's share in the amount of $283,500.00.
In January, 2003, Nolan & Auerbach settled a case against a Tennessee hospital. The hospital paid $2 million to settle allegations that it "upcoded" claims to the Medicare program for inpatient hospital admissions by assigning diagnoses codes that were not supported by physician documentation in the patients' records. Out of this recovery, our client received a relator's share in the amount of $350,000.00.
In March 2001 there was a $50 million settlement by Vencor, Inc. and Ventas, Inc. in a case Nolan & Auerbach brought on behalf of two employees who alleged false claims in nationwide hospital cost reports. Of the $50 million settlement, our clients received $8.2 million, including interest.
In March, 2000, the Nolan & Auerbach case against Lifeline Healthcare was unsealed. Our four clients alleged false claims for home health services, resulting in millions of dollars in losses to the United States. Recently, the case settled for $3.1 million, with our clients receiving a half-million dollar Relator share.
In August, 1999 there was a $4.1 million settlement against Nova Southeastern University, Inc. in a case Nolan & Auerbach filed, on behalf of their client, a psychologist. He alleged that Nova Southeastern University submitted false claims for psychological services. Our client received over a half-million dollar Relator share.
In May, 1999, the United States obtained a judgment of $7.7 million against National Consulting Group, Inc. in a case Nolan & Auerbach brought on behalf of its client, a therapist. She alleged that National Consulting Group routinely and systematically submitted false claims to Medicare and Medicaid for group counseling and other services.
In September, 1998, the United States intervened in Nolan & Auerbach client case against multiple corporations and individuals involving allegations that Defendants submitted false claims for wheelchairs and other durable medical equipment. Several recoveries have already been made in this case, in excess of three million dollars.
• More case examples including Prospective Payment System (PPS), Average Sales Price, Non-FDA Approved Drugs, Stark, Anti-Kickback, Retention of Overpayments, Fraudulent NDAs and PMAs.
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Toll free: 800-FRAUD 04
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