Trial Lawyers Prosecuting Qui Tam Cases
Hundreds of Millions Recovered for the Government and Whistleblowers
Whistleblower Summaries
Whistleblowers who file qui tam lawsuits have multiple allegations about fraud and retaliation. Some of these cases are summarized for your review. These particular cases deal with Medicaid fraud allegations. The attorneys at Berg & Androphy have many cases currently under seal and being evaluated by the Federal and State Governments. The whistleblower cases include multiple topics involving fraud. Unlike many Qui Tam firms, Berg & Androphy is a TRIAL FIRM, and will litigate cases even if the government declines to intervene. Of course, each case will be evaluated based on the particular facts of each case, and a final and independent determination will be made by the Firm about whether to proceed without government assistance.
United States of America Ex Rel. Joseph Faltaous v. Eli Lilly Et Al.
Joe Faltaous worked as a Neuroscience Sales Specialist for Eli Lilly for two years before resigning after expressing concerns about Eli Lilly’s practices. Joe complained of Lilly’s illegal marketing, promotion and sale of Zyprexa to children and in higher-than-recommended dosages to adults. Joe also complained that as part of the marketing and promotional schemes, Lilly encouraged physicians by means of monetary payments. While employed by Lilly, Joe’s performance was stellar. Joe’s educational achievements are equally impressive. He received a B.A. in Business Economics from California State University, and completed a marketing internship as a consultant for Columbia University. He later earned a Masters of Public Administration in Health and Hospital Administration from the Robert F. Wagner Graduate School of Public Service at New York University. The Wagner school is ranked first in the nation by U.S. News & World Report.
View letter from Joseph Faltaous.
View quote from New York attorney Vin Barone regarding this case .
Learn more about this whistleblower case or view more Berg & Androphy news.
United States of America ex rel. Sheila Bell-Messier, v. Rotech Healthcare, Inc., et al.
During her employment with ROTECH, Sheila Bell-Messier oversaw the operations of the company in twelve states. From 1995 to 2002, Bell’s responsibility grew from overseeing twelve locations to 220 locations nationwide. During this time she was the number one profit maker in the country. Bell took over the Medicare billing because of her great track record and success with cost efficiency. Bell later determined, however, that a significant percentage of patient files were not in compliance because they lacked the correct documentation. Bell also discovered that there was improper testing of oxygen patients. Bel instructed her billing department to “shut down the billing.” Compliance officers came to Texarkana. When they arrived, Bell told them the results of her audit. They informed Bell that they knew that they were significantly out of compliance. Bell told them that she “was not going to Medicare prison for ROTECH,” and refused to restart the billing.
Bell was told that ROTECH was in the middle of a settlement agreement with the Government and could not do anything that might send the Government a “red flag” (i.e. allow the Government to recoup) to the Government and cost ROTECH more money.
After her settlement, she sent the following edited letter regarding her experience with partner Sarah Frazier.
View letter from Sheila Bell-Messier.
Learn more about this whistleblower case or view more Berg & Androphy news.
Whistleblower Case Summary: Ed Bogart vs. King/Monarch
As director of national accounts, Ed Bogart managed King/Monarch’s contracts department, which involved setting prices, government reporting, and working with Pharmacy Benefits Managers (PBMs). Soon after he was hired, Bogart complained to his superiors about the company’s underreporting activities. After making his complaints, Bogart claimed that he was excluded from meetings, unjustly criticized, and suffered negative employment consequences.
View letter from Ed Bogart.
Learn more about this whistleblower case or view more Berg & Androphy news.
Whistleblower Case Summary: David Foster vs. Warner-Lambert Co.
In July 1998, David Foster was promoted by Parke-Davis to the position of National Account Manager for accounts in Texas and Louisiana. In this position, Foster was responsible for selling pharmaceuticals to managed care organizations in those states. Soon after Foster began this position, he became aware of several attempts by his supervisor and other employees to improperly influence decision makers at managed care organizations in exchange for better formulary status.
As a result of voicing his concerns regarding illegal conduct to his supervisor and a number of other persons in the company, Foster suffered negative employment consequences.
Learn more about this whistleblower case or view more Berg & Androphy news.
Notice
This website is designed to provide general information only. This information is not and should not be construed to be legal advice. The transmission of the information found on this website also does not result in the formation of a lawyer-client relationship.
You should be aware that qui tam claims are subject to a Statute of Limitations. The area of limitations periods is complex. There are also first to file rules, public disclosure bars, original source issues, and varying limitations in pursuing retaliation claims. If you wish to pursue your claims, you should promptly seek the opinion of an attorney regarding the merits of your qui tam claim and the applicable statute of limitations.
