United States ex rel. Halpin and Fahey v. RehabCare Group, Inc. ($125 Million)

Nursing Home Rehabilitation Therapy Medicare Fraud

We brought this case on behalf of Janet Halpin and Shawn Fahey, two whistleblowers who worked for RehabCare, which was the nation’s largest provider of rehabilitation therapy services in nursing homes. Ms. Halpin and Ms. Fahey alleged that RehabCare directed its therapists to bill for therapy that was not reasonable and necessary and that RehabCare then caused its nursing home customers to submit false claims to Medicare for the therapy. After the government investigated our allegations, it intervened in the case and then reached a $125 million settlement, from which our clients received a relator’s share of over $23 million. For more information, see our press release.


United States ex rel. Bliss v. Biocompatibles, Inc., and Angiodynamics, Inc. ($48.5 million)

Marketing of Medical Device for Unapproved Use

We represented whistleblower Ryan Bliss in a False Claims Act qui tam case against U.K. medical device maker Biocompatibles and its United States distributor, Angiodynamics. Bliss, who was a Senior Product Manager for Biocompatibles, alleged that the two companies marketed a product called LC Bead (or Gelspheres) as a chemotherapy drug delivery device, even though they knew that the United States Food and Drug Administration had refused to approve the device for that use. The companies also allegedly instructed physicians to bill for the device under a separate approved use, even when the physicians used it for its unapproved use. Biocompatibles paid a total of $36 million to resolve criminal and civil charges against it, and Angiodynamics paid $12.5 million to resolve Mr. Bliss’s False Claims Act suit. For more information, see our press releases about the Biocompatibles resolution and the Angiodynamics settlement.


United States ex rel. Meehan v. MedStar Ambulance Inc. ($12.7 million)

Fraudulent Medicare Billing For Ambulance Services

On behalf of whistleblower Dale Meehan, a former billing manager at Medstar Ambulance, we brought this False Claims Act qui tam lawsuit alleging that Medstar and its subsidiaries fraudulently billed Medicare by submitting claims for ambulance transports that were not medically necessary or were for higher levels of ambulance services than were required or provided. Medstar, four of its subsidiaries, and two of its owners paid a total of $12.7 million to resolve the allegations that Ms. Meehan brought forward. The relator’s share was over $3.5 million. For more information, see our press release.


United States ex rel. Robins v. Roman & Sunstone LLC, et al. ($1.26 million)

Customs Fraud

We represented whistleblower Alan Robins, the former controller of jewelry importer Roman & Sunstone (R&S), in this action alleging that R&S underpaid customs duties on sterling silver earrings it imported from China. R&S imported display cards of the earrings for resale at department stores. While the display cards often included multiple pairs of earrings, R&S allegedly concealed the number and value of the earrings by describing on import records the number of display cards imported, rather than the number of individual earrings. The case resulted in settlements totaling over $1.26 million with R&S, its affiliates, and its prior owner. The relator’s share was over $220,000. For more information, see the DOJ press releases here and here.


United States ex rel. Wright et al. v. Saber Healthcare Holdings, LLC ($10 million)

Nursing Home Rehabilitation Therapy Medicare Fraud

On behalf of three whistleblowers who worked as rehabilitation therapists and managers at nursing home chain Saber Healthcare, we brought suit under the False Claims Act alleging that Saber knowingly caused certain of its skilled nursing facilities to submit false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary, or skilled. Saber paid $10 million to resolve the allegations, and our three whistleblower clients received a relator share of $1.75 million. For more information, see our press release.


United States ex rel. Cartier v. CareWell Urgent Care Centers ($2.1 million)

Urgent Care Fraud

On behalf of Aileen Cartier, who worked as a Nurse Practitioner for CareWell Urgent Care Centers, we filed a False Claims Act suit alleging that CareWell directed its clinicians to conduct more thorough examinations than necessary so that it could upcode claims to a “Level 4” billing code and obtain higher reimbursements from Medicare and Medicaid.
CareWell paid $2.1 million to resolve the allegations.

For more information, see our press release and the complaint we filed on behalf of Ms. Cartier.


United States ex rel. Boerger v. Applied Research Associates Inc. ($1.1 million)

Military Contracting Fraud

We represented whistleblower Brent Boerger, a former engineer at defense contractor Applied Research Associates (ARA), in a False Claims Act qui tam case alleging that ARA billed the Army for work unrelated to the contract the Army had awarded it. ARA paid $1.1 million to resolve the case, and Mr. Boerger received a share of that amount. For more information, see our press release and the complaint we filed on behalf of Mr. Boerger.


United States ex rel. Saffarian and Theile v. Encore Rehabilitation Services, LLC ($4 million)

Nursing Home Rehabilitation Therapy Medicare Fraud

We represented two of the whistleblowers who participated in a Department of Justice False Claims Act settlement with Encore Rehabilitation Services (Encore), a contract provider of rehabilitation services at skilled nursing facilities in over 30 states. According to the allegations, which Encore paid $4,033,346 to resolve, Encore had policies and practices at three Michigan skilled nursing facilities that resulted in the provision of unreasonable, unnecessary, or unskilled rehabilitation therapy or the recording of therapy minutes as individual therapy when concurrent or group therapy was actually provided. For more information, see our press release.


United States ex rel. Martino-Fleming v. South Bay Mental Health Center, Inc. ($4 million)

Mental Health Services Medicaid Fraud

We represent Christine Martino-Fleming, a former employee of South Bay Mental Health, which operates mental health clinics throughout Massachusetts. In 2018, South Bay paid $4 million to resolve allegations that it fraudulently billed the state’s Medicaid Program, known as MassHealth, for mental health care services provided to patients by unlicensed, unqualified, and unsupervised staff members at clinics across the state. Ms. Martino-Fleming received a relator share of $700,000 from that settlement. The case remains open as to certain of South Bay’s owners and affiliates. For more information, see our press release.


United States ex rel. Schultz v. Liberty Home Pharmacy and Polymedica Corp. ($35 million)

Pharmacy Medicare Fraud

Polymedica paid $35 million to resolve allegations by our client, whistleblower Claire Schultz, that two of Polymedica’s pharmacy subsidiaries violated the False Claims Act by dispensing and billing Medicare for diabetic and nebulizer products without first obtaining a signed doctor’s order or prescription for the products.

For more information, see the DOJ press release about the settlement.


United States ex rel. Halpin and Fahey v. Wingate Healthcare, Inc. ($3.9 Million)

Nursing Home Rehabilitation Therapy Medicare Fraud

In connection with their case against RehabCare (see above), we also represented Janet Halpin and Shawn Fahey in their suit against Wingate Healthcare, Inc. (Wingate), which operated 16 skilled nursing facilities in Massachusetts and New York. Wingate paid $3.9 million to resolve allegations that it submitted false claims to Medicare for rehabilitation therapy that was not reasonable and necessary. From the settlement, our clients received a relator’s share of $741,000, plus interest and counsel fees. For more information, see our press release.