Life Sciences/Healthcare Investigations & Defense

Experience Highlights

• National hospital system, with in-patient facilities across 25 states, in connection with DOJ criminal healthcare fraud and False Claims Act investigations, 14 associated qui tam complaints filed across 10 different judicial districts, and proceedings before the Judicial Panel on Multidistrict Litigation, concerning alleged violations of Anti-Kickback Statute and Stark Law, medically unnecessary services, upcoding, and improper cost reporting.

• Dermatologic surgeon in winning a complete acquittal after a five-week federal criminal jury trial on charges of healthcare fraud and aggravated identity theft, and securing a full dismissal of related FCA allegations.

• ​​​​​​Dr. Salomon Melgen, a Democratic Party donor, as lead trial counsel in 10-week federal criminal trial in District of New Jersey involving charges of bribery and honest services fraud involving Medicare and other regulatory issues. On our Rule 29 motion, the court acquitted Dr. Melgen and his co-defendant, US Senator Robert Menendez, on all political contribution counts, following mistrial where jurors hung 10-2 in favor of acquittal. DOJ subsequently dismissed all remaining charges with prejudice.

• Medical device manufacturer in successfully dismissing all claims in a complex fraud case in the U.S. District Court for the District of Delaware alleging client bribed Brazilian physicians and hospitals to use their devices.

• ​​​​​​Former owner of sleep study businesses as lead trial counsel in a three-week federal criminal trial in the Eastern District of Virginia involving allegations of healthcare fraud, wire fraud and tax evasion.

• Wanaque Center for Nursing and Rehabilitation in its response to a deadly viral outbreak by conducting an independent investigation of the facility's response; responding to investigations, reviews, and enforcement action by multiple law enforcement and regulatory agencies; representing the facility in ongoing litigation with the Centers for Medicare and Medicaid Services; and coordinating the overall response to the media and the state legislature.

• Newark Beth Israel Medical Center and its parent RWJBarnabas Health in conducting an independent investigation, responding to multiple enforcement investigations and regulatory reviews, and overseeing the response to extensive media scrutiny and congressional and legislative inquiries following allegations in the national press that patient care in the hospital’s heart transplant program was compromised to improve survival statistics.

• Novartis in the successful defense of a qui tam suit brought in the District of Massachusetts by multiple relators, alleging off-label and kickback claims in connection with the asthma medication Xolair®. On a motion to dismiss, we obtained dismissal with prejudice of all claims, which was affirmed by the First Circuit. Relators then filed suits in Massachusetts and New York under state FCA statutes, and we successfully obtained dismissal of those cases. 

• Eli Lilly, AstraZeneca, and UCB in three federal qui tam litigations filed in Texas, Washington, and Illinois, respectively, alleging violations of the AKS and FCA through the use of nurse educator and reimbursement support services. All cases have been dismissed. After Relator refiled the cases against Eli Lilly in New Jersey and Texas state courts, we obtained dismissal of the New Jersey state case and a stay of the Texas state case.