News & Views

Our Blog

What Does “Materiality” and “Scienter” Have to Do With the False Claims Act?

A Falsehood Must be Material to be Actionable If a falsehood did not have any impact on whether the government decided to pay a benefit,…

Healthcare Fraud Risk Framework

Healthcare Fraud can take multiple forms.  The quintessential Healthcare Fraud schemes include fraudulent billing for services not provided, billing for services provided but were not…

FDA APPROVES FIRST DRUG TO TREAT ALZHEIMER’S IN 17 YEARS

On June 7th, 2021, the FDA approved Biogen’s Aduhelm (aducanumab) for the treatment of Alzheimer’s disease, the first drug approved to treat Alzheimer’s in 17…

What is the Daubert Standard as it Relates to Expert Testimony?

Why Do We Sometimes Need Expert Witnesses to Resolve Legal Disputes? The standard legal reason that judges typically give to juries as to why an…

What Makes Something a “False” Certification Under the False Claims Act?

United States ex rel. Montcrieff v. Peripheral Vascular Associates – Part III We have all heard the term “false.”  It is something that is ‘not…

When is Expert Testimony Considered “Rebuttal” Testimony?

United States ex rel. Montcrieff v. Peripheral Vascular Associates – Part II In this blog post, we review one of the issues in Montcrieff: the…

A Medicare Fraud Case, and a Battle of the Experts

United States ex rel. Montcrieff v. Peripheral Vascular Associates – Part I United States ex rel. Montcrieff v. Peripheral Vascular Associates was decided in December…

OIG Again Proposes Adding Diagnosis to Prescriptions to Stem Medicare Fraud

A couple of months ago, the Principal Deputy Inspector General and its  Chief Medical Officer wrote  a compelling editorial  (https://www.statnews.com/2021/03/01/why-drug-prescriptions-should-include-diagnoses/), advocating why prescriptions should include…

The Irony in a Low Error Rate: Is CMS Doing Enough to Avoid Improper Medicaid Payments?

The integrity of any system, from payroll good manufacturing practices to tax returns, is the documentation to support an ultimate result.  Of course, the same…

Published Articles

Nolan Auerbach lawyers serve as respected leaders and expert sources for Medicare fraud and other healthcare qui tam lawsuits. Published articles written by our attorneys include:

Our Firm In the News

image description

$168 Million Payout to Johnson & Johnson Whistleblowers

CNN Money

The $2.2 billion settlement between Johnson & Johnson and authorities means a record payout for whistleblowers. Joe Strom, a former employee of Johnson & Johnson subsidiary, Scios, will receive the entire $28 million awarded in California. He first brought suit against J&J in 2005 and ultimately helped government…

image description

Nurse Pleads Guilty to Taking Kickbacks From Drug Maker

The New York Times

A Connecticut nurse has pleaded guilty to federal charges of accepting $83,000 in kickbacks from Insys Therapeutics, an Arizona drug manufacturer that sells the powerful painkiller Subsys. According to federal prosecutors, the nurse worked in a pain clinic and was a top prescriber of Sybsys to Medicare patients…

image description

High Court Ruling on FCA Limitations Period, Bar on Filings Gives Providers Mixed Result

Bloomberg BNA

On May 26, 2015 a unanimous decision was announced by the U.S. Supreme Court that said a strict six-year limitations period applies to civil actions brought by whistle-blowers under the False Claims Act.

image description

What Happened After She Helped Nurse at Catholic Healthcare Blow Whistle on her Employer?

Law.com

A settlement agreement between Dignity Health and the Justice Deparment was announced on October 30, 2014 for $36.7 million. The whistleblower in this case, Kathleen Hawkins, a registered nurse who worked as a director of medical management at Catholic Healthcare

image description

Jeb White & Jim Helmer Show How to Dismantle Common False Claims Act Defenses During National Webcast

Reuters

Nolan Auerbach & White Partner, Joseph E.B. “Jeb” White presented to an audience of over 500 attendees during a BNA Bloomberg webcast titled, “Common Defenses to False Claims Act and How to Defeat Them.”

image description

Jeb White Appears on NPR Affiliate Radio Show

MarketWatch

Recently Nolan Auerbach & White Partner, Jeb White, appeared on an hour-long radio show for National Public Radio (NPR) affiliate in Harrisburg, Pennsylvania. The “Smart Talk” radio program focused on whistleblower laws and Mr. White was joined on the program by Penn State Law Professor Katherine Pearson.

OUR PROMISE When it feels like you are facing insurmountable odds, we will be there for you!

We know the struggles whistleblowers face before contacting us, and know that deciding to be a whistleblower can be difficult. We will be with you every step of the way, strong and proud, helping you stand up for what is right.

    Contact Us

    Contact Us

    The more detailed the response, the more likely it is that we will be able to evaluate and determine if your potential False Claims Act case falls within our case requirements. IF IT DOES, WE WILL RESPOND TO YOU WITHIN 24 HOURS. (Names of potential defendants are not necessary at this point, should you feel more comfortable omitting them.) By law, all communications to us are 100% confidential.

    No. of Employees at the Company?
    Please read the following statement and then click "Send Form":

    Any response to your e-mail will be solely to communicate about our possible representation of you under the qui tam provisions of the False Claims Act. All e-mails submitted to us, whether we take your case or not, are 100% confidential. If we do not respond to your e-mail, then you have communicated information which we cannot address because it appears to fall outside of the False Claims Act or our case requirements.