Litigating Federal and State False Claims Acts

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Jonathan Kroner false claim act and whistleblower settlement and news

 Aug 2019      The U.S. rewarded my client $502,425 for bringing to light serious healthcare frauds including alleged upcoding, double billing, illegally importing pharmaceuticals from foreign countries, and improperly pooling leftover Remicade in a 2013 case filed in Texas. DOJ Press Release.

July 2019      I represented the city of Baltimore in a successful false claim suit against LexisNexis for failing to pay fees for resale of accident reports.

Nov 2017      The U.S. declined my physician-client’s case against tax-exempt Naples Community Hospital. My client alleged NCH paid kickbacks to referring physicians by paying them excessive annual salaries, such as $640,000 (psychiatrist); $950,000 (gastroenterologist); and $2.2 million (orthopedic surgeon). Although my courageous client decided not to pursue this on his own, I appreciate his courage in shedding light on these payments.

 Oct 2017       The U.S. intervened and settled my clients’ case against a portable x-ray company for $300,000, for alleged kickbacks to nursing homes in exchange for patient referrals. I co-counseled with Ross Begelman and Regina Poserina, Begelman & Orlow, PC; and Robin Green, Lubbock Tx. United States ex rel McDonough v. PDQ Imaging Services LLC, et al., 4:11-cv-138, E.D. Tx.

 Sept 2017     The U.S. declined to intervene in a False Claims Act case alleging kickbacks related to political shenanigans after Defendant 21st Century Oncology filed for chapter 11 bankruptcy protection. I was hired as local counsel, and proud to help shine some light on this. The Wall Street Journal tells more.

 Aug 2017      The United States partially intervened in my clients’ Texas-based False Claims Act case against a portable x-ray company alleged to have paid kickbacks to nursing homes to refer patients.

 Feb 2017       The U.S. intervened and settled for $750,000, based on my client’s allegations of medically unnecessary sinus procedures.  DOJ intervened and settled my client’s case against Dr. Paul Tartell, an ENT. My client did something unusual — he read the “explanation of benefits” on his doctor’s bill. Miami Herald says the ENT paid “through the nose.”

 July 2016      DOJ intervened and settled for $7.4 million my client’s case against Dr. Asad Qamar, alleging unnecessary cardiac procedures. The settlement allocates an 18% relator share, plus statutory fees.

 May 2016      FCA Actions are Exempt from Bankruptcy’s Automatic Stay. Judge Roy Dalton Jr. found FCA actions are exempt from the Bankruptcy Code’s automatic stay, 11 U.S.C. § 362(a). United States ex rel. Green v. Inst. of Cardiovascular Excellence, PLLC, 2016 U.S. Dist. LEXIS 64647 (M.D. Fla. May 16, 2016).

 April 2016    Work Product Doctrine Protects False Claims Act Disclosure Statement. Judge Julie S. Sneed ruled for my client that his disclosure statement is eligible for protection under the work product doctrine.  United States ex rel. Bingham v. Baycare Health Sys., 2016 U.S. Dist. LEXIS 50940, *16 (M.D. Fla. Apr. 15, 2016).

 Aug 2015      Federal Judge Merryday denied Baycare Health Systems’ motion to dismiss my client’s case. My client alleged Baycare spent millions to construct parking garages, and then transferred to referring physicians a near permanent right to use the garages. U.S. ex rel. Bingham v. BayCare Health Sys., 2015 U.S. Dist. LEXIS 107220 (M.D. Fla. Aug. 14, 2015).

 Dec 2014       U.S. Intervenes in Case Alleging Unnecessary Cardiovascular Procedures, United States ex rel John Doe v. Asad Qamar and Institute of Cardiovascular Excellence, MD Fla, 2011. My client alleged unnecessary catheterizations, and other unnecessary procedures. Necessary catheterizations can save lives. But if you don’t need one, having a wire shoved in and around you risks many harms. Whistleblowers like my client save taxpayers millions of dollars and in cases like these, whistleblowers can saves lives too.

Oct. 2014      U.S. Intervenes in Community Mental Health Center Case against Biscayne Milieu, and various individuals. The Court unsealed our case in August, but by then there had been plenty of press on the criminal side, reporting arrests, pleas, trials, over 25  convictions, and sentences (including one for 50 years). Professor Joel Hesch, brought me in as local counsel on this.

 Sep 2014 Surgical Chain Meridian pays $5.12 Million in my client’s litigated whistleblower suit under the federal Anti-Kickback law, which prohibits payments to doctors for patient referrals, which I Mr. Kroner filed in May 2011, in Nashville with Michael Hamilton of the Provost Umphrey Law Firm. We later brought in Sanford Heisler, LLC.

 May 2014      Judge Denies Motion to Exclude Expert Witness in case alleging unlawful kickbacks paid by ambulatory surgical center owners to physicians to induce patient referrals. United States ex rel. Simmons v. Meridian Surgical Partners, LLC, 2014 U.S. Dist. LEXIS 71918 (M.D. Tenn. May 27, 2014). A year earlier Judge Campbell denied defendant’s motion to dismiss. 2013 U.S. Dist. LEXIS 62729, 2013 WL 4098663 (M.D. Tenn. May 2, 2013). Co-counseling here with Ross Brooks and Michael Palmer at Sanford Heisler, LLP, New York, and Michael Hamilton, Provost, Umphrey Law Firm, LLP, Nashville.

 Apr 2014       Tenet Healthcare Paid $5 Million to settle my client’s case alleging unlawful kickbacks channeled through medical office building. More here in Corporate Crime Reporter.

 Jan 2014 Published Article: The False Claims Act: Protecting Your Client When Amending a Sealed Complaint, American Bar Association, Litigation Section – Business Torts. Issues to consider when amending a sealed complaint. Written with Erin Campbell, Cincinnati; Jennifer McIntosh, San Francisco; and Shankar Ramamurthy, Chicago.

 Aug. 2013     Judge enforces my client’s $1.6 million settlement, overturning Magistrate Judge’s recommendation, and notwithstanding DOJ and US Atty’s Office opposition, and defendant’s attempt to renege. United States ex rel. Osheroff v. MCCI Group Holdings, LLC, 2013 U.S. Dist. LEXIS 108741, 2013 WL 3991964 (S.D. Fla. 2013).

 Mar 2013      Tenet’s Motion to Dismiss Denied. Tenet Healthcare Can’t Dodge For lawyers: Memo in Opposition to Motion to Dismiss,  9/21/12, successfully arguing sufficiency of allegations and plausibility for AKS and Stark, “certification”, and Stark “financial arrangement;” Order at United States ex rel. Osheroff v. Tenet HealthCare Corp., 2013 U.S. Dist. LEXIS 44235, 4, 2013 WL 1289260 (S.D. Fla. 2013); and Memo in Opposition to MTD covering Rule 9(b) and public disclosure, 31 U.S.C. § 3730(e)(4), United States ex rel. Osheroff v. Tenet Healthcare Corp., 2012 U.S. Dist. LEXIS 96434, 27, 2012 WL 2871264 (S.D. Fla., 2012).

 January 2013  Judge grant’s $16 million default judgment and 27.5% Relator share. .