01 Oct 2018. (Id. Wilson v. Bristol-Myers Squibb, Inc., 750 F.3d 111 (1st Cir. See 31 U.S.C. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. occurred in the manner which is specified in the FCA; and (3) the relator's suit [is] based upon' those publicly disclosed allegations or transactions. U.S. ex rel. (Id.). As is often the case with qui tam actions, the issue is not whether the complaint alleges an unlawful scheme-it does, in considerable detail-but whether it actually pleads a violation of the False Claims Act. Complicating matters further is the nature of the alleged false claims. I understand that the relevant personnel have since received training to avoid such errors in the future. (Id. (Id. Conrad v. Abbott Lab'ys, Inc., No. . Rather, the complaint must allege both the existence of a scheme and the making of particular false claims resulting from the scheme. 274 (North Carolina) ([E]ach of these claims was false .); id. 35). 1). . Here, the original complaint was 22 pages long and contained 54 numbered paragraphs. 3. The first-to-file bar provides that [w]hen a person brings an action . 3729(b)(2). It also provides a very limited amount of statistical evidence to attempt to bolster those allegations. 25) and five paragraphs addressing how the scheme resulted in false claims (Id. 22-1304 | 2022-04-25, U.S. Courts Of Appeals | Other | WebFlanagan v. Fresenius Medical Care Holdings, Inc. View recent docket activity Reflects complaints, answers, motions, orders and trial notes entered from Jan. 1, 2011. Where the defendant allegedly caused a third party to submit a false claim to the government, rather than submitting the false claim itself, a more flexible standard applies, under which Rule 9(b) is satisfied by providing factual or statistical evidence to strengthen the inference of fraud beyond possibility without necessarily providing details as to each false claim submitted. U.S. ex rel. (Id. Here, the motion to dismiss presents three sets of issues, all arising from the strict requirements for pleading such claims. (Id. And it further alleges that Flanagan was instructed not to enforce escalator clauses, which called for annual fee increases of up to 4.0%. FMCNA is America's largest dialysis-services provider. [23-1305] (JAW) [Entered: 04/05/2023 09:24 PM]. no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. 31 U.S.C. constitutes a false claim.); id. 1320a-7b(b)(2). Util. Flanagan v. Fresenius Medical Care Holdings, Inc. FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a Fresenius Medical Care North America, CIVIL CASE docketed. Winkelman v. CVS Caremark Corp., 827 F.3d 201, 213 (1st Cir. Please contact one of the authors below or a member of theBenesch Healthcare+ Practice Groupif you have questions regarding information contained in this Client Alert. 1320a-7b, and False Claims Act, 31 U.S.C. United States ex rel. (Id. Roughly 90% of all dialysis patients undergo hemodialysis at a dialysis clinic three times per week. (Id.). on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. Accordingly, the motion to dismiss will be granted. (Attachments: #1 Affidavit Certificate of Jamie Bennett in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), Docket(#13) MOTION for Leave to Appear Pro Hac Vice for admission of W Scott Simmer Filing fee: $ 100, receipt number AMADC-9065559 by Martin Flanagan. In other words, an AKS violation that results in a federal health care payment is a per se false claim under the FCA. Guilfoile v. Shields, 913 F.3d 178, 190 (1st Cir. Judge Douglas P. Woodlock assigned to case. Flanagan filed the original complaint on March 6, 2014, alleging presentation of false claims in violation of the False Claims Act, 31 U.S.C. United States v. Cyberonics, Inc., 844 F.3d 26, 31 (1st Cir. This action is taken to insure the parties receive timely notice of the properly assigned presiding judge and is without prejudice to consideration by the Court as a whole whether Local Rule 40.1 should be amended in some fashion to eliminate any further misunderstanding by the Clerks Office. Nonetheless, the First Circuit has identified some examples of specific allegations that may suffice to state a claim with the requisite particularity. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. . 308-20). A more recent docket listing WebLiked by Martin Flanagan Join now to see all activity Experience National Director of Acute Dialysis Services Liberty Dialysis LLC Jul 2011 - Jun 20121 year Director Acute Maket WebFlanagan v. Fresenius Medical Care Holdings, Inc. - Docket Entries . 1320a-7b, states that whoever knowingly and willfully offers or pays any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person . The initial complaint has since been amended to add 125 pages of allegations, including multiple new claims. 23-7001 | 2023-01-06, U.S. District Courts | Personal Injury | 2012). . Full title:UNITED STATES ex rel. FMCNA generated reports to track which medical directors and their practice groups referred patients to outside clinics and the reasons why. 2008) (quoting Centro Medico del Turabo, Inc. v. Feliciano de Melecio, 406 F.3d 1, 6 (1st Cir. To avoid dismissal, the complaint must therefore establish the necessary degree of particularity, if at all, through allegations of factual or statistical evidence that strengthen[ ] the inference of fraud on the government beyond a mere possibility. Duxbury I, 579 F.3d at 29. United States ex rel. #57) filed by Appellant Martin Flanagan. 12% off. 29). A former employee filed an amended whistleblower complaint against Fresenius Medical Care North America, alleging the dialysis company had unlawful (Id. A variety of hospitals, nephrologists and nephrology group practices have been specifically identified in the Complaint. First, defendant contends that the salaries paid to all of its medical directors is a matter of public record and is available on the website of the Center for Medicare and Medicaid Services (CMS). United States District Court, D. Massachusetts. Although the budgetary spreadsheets were reviewed and approved by mid-level and upper management, the complaint alleges that the decision to run hospital programs at a loss was made by corporate management. Judge Douglas P. Woodlock assigned to case. Relator here has not attempted to do so. (McManus, Caetlin) (Entered: 11/02/2021), (#10) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Megan S. Heinz. (Attachments: #1 Affidavit Certificate of W. Scott Simmer in Support of Motion for Admission Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#11) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added James F. Bennett. . (Entered: 10/05/2021), (#1) ELECTRONIC NOTICE of Case Assignment. In an FCA case, these may include details concerning the dates of the claims, the content of the forms or bills submitted, their identification numbers, the amount of money charged to the government, the particular goods or services for which the government was billed, the individuals involved in the billing, and the length of time between the alleged fraudulent practices and the submission of claims based on those practices. U.S. ex rel. In any event, as noted, the complaint does not include a single allegation concerning a single specific false claim. occurred; (2) said disclosure . 40.1(i) and with the approval of the Chief Judge hereby return the case for reassignment by the Clerk through the random draw appropriate for this case, under which all eligible judges -including me - will be eligible for proper assignment according to the luck of the draw. Compl. 14-cv-6646 (E.D.N.Y. 1:2014cv00665 - Document 72 (D. Md. (Woodlock, Douglas) (Entered: 11/02/2021), (#7) NOTICE of Appearance by Abraham R. George on behalf of United States of America (George, Abraham) (Entered: 10/18/2021), (#6) MOTION for Leave to Appear Pro Hac Vice for admission of James F. Bennett Filing fee: $ 100, receipt number AMADC-9005666 by Fresenius Medical Care Holdings, Inc.. (Attachments: #1 Affidavit Certification of James F. Bennett)(Durant, Maria) (Entered: 10/13/2021), (#5) MOTION for Leave to Appear Pro Hac Vice for admission of Megan S. Heinsz Filing fee: $ 100, receipt number AMADC-9005610 by Fresenius Medical Care Holdings, Inc.. (Attachments: #1 Affidavit Certification of Megan S. Heinsz)(Durant, Maria) (Entered: 10/13/2021), (#2) Case transferred in from District of Maryland; Case Number 14-cv-00665-GLR. To survive a motion to dismiss, a complaint alleging fraud must state with particularity the circumstances constituting fraud. Fed.R.Civ.P. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. at 555 (citations omitted). Previously, Martin was a Direct or, Acute Maket Development (Finn, Mary) (Entered: 10/05/2021). WebMartin Flanagan. In substance, the complaint alleges the FMCNA created a nationwide scheme to pay unlawful kickbacks for referrals at all of its outpatient dialysis facilities; that all claims submitted for all dialysis services are therefore tainted by kickbacks; and that therefore every claim submitted by FMCNA during the relevant period was false. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Because the complaint does not state allegations of fraud under the FCA with the particularity required by Rule 9(b), the conspiracy claim under the FCA must fail as well. 292-307 (practices in Washington state)). (Id. Compl. . (Attachments: #1 Affidavit Certificate of W. Scott Simmer in Support of Motion for Admission Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), Docket(#12) NOTICE of Appearance by Christopher P. Sullivan on behalf of Martin Flanagan (Sullivan, Christopher) (Entered: 11/18/2021), Docket(#11) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added James F. Bennett. The plaintiff further recounts various instances where Fresenius leadership was questioned about the fair market value of such relationships and the companys alleged failure to enforce annual contractual rate increases. 22). 299 (Washington state) (All such claims . Martin Flanagan and United States of America: Defendant: FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North Ex. There is, of course, considerable logic to relator's arguments: if 100% of the business of FMCNA is tainted by kickbacks, and if 80% or more of the business of FMCNA involves government payors, it follows that FMCNA must have submitted many false claims. . According to the complaint, FMCNA also paid physician groups rent above fair market value and provided leases below fair market value in order to secure referrals. . Rule 9(b) requires that a relator plausibly allege that specific payments concerning specific patients were caused by the AKS violation-that is, that they were part of the 25% of the claims that resulted from a violation, not the 75% that were not. Id. It is true that a violation of the Anti-Kickback Statute that results in a federal health care payment is a per se false claim. Guilfoile, 913 F.3d at 190. (Id.). The government can intervene in a qui tam action and assume primary responsibility over it. (Id. . Fourth, it alleges that FMCNA entered into favorable leases with medical directors that paid them above-market rates. See U.S. ex rel. 142-43). Moreover, the CKD complaint alleged that the scheme was nationwide. 18). Accordingly, and for the following reasons, the motion to dismiss will be granted. Accordingly, even if relator had complied with the pre-suit requirements of the False Claims Act, the public-disclosure bar would preclude the claims concerning joint-venture agreements. There is no checklist of mandatory requirements that each allegation in a complaint must meet to satisfy Rule 9(b). Hagerty ex rel. (Id.). WebDr. (Id. Courts have therefore required relators to abide by those requirements when filing an amended complaint that is not substantially similar to the original complaint. . Compl. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. 119 (2010). Martin Flanagan is a Director, National of Acute Dialysis Services at Fresenius Medical Care North America based in Waltham, Massachusetts. Use the links below to access additional information about this case on the US Court's PACER system. This is a qui tam action alleging violations of the Anti-Kickback Statute, 42 U.S.C. (McDonagh, Christina). Previously, Martin was a Direct or, Acute Maket Development Wbd at Fresenius Medical Care North America. were false.) (emphasis added)). Therefore, the court may consider any public disclosures made prior to 2021 for purposes of determining whether the claims are prohibited by the public-disclosure bar. 39). 2009) to support the contention that when a first-filed complaint is dismissed on jurisdictional grounds, it cannot bar a later-filed complaint. The Court has previously determined that the portion of the amended complaint that alleges claims arising out of the joint-venture agreements and the provision of free services to physicians will be dismissed for failure to comply with the pre-suit requirements of the False Claims Act. The complaint further alleges that FMCNA would typically pay high-performing physicians 10 to 12% of the clinic's topline revenue, whereas it would pay lower-performing physicians up to 6% of topline revenue. Documents and certified copy of docket sheet and order of transfer received from the Clerk in the transferor district via Email. 238 (Balboa Nephrology Medical Group) (Every claim . 2013) (internal quotation marks and citations omitted). SALTER, GARY vs. FRESENIUS MEDICAL CARE HOLDINGS INC, Instituto Mexicano del Seguro Social v. Fresenius Medical Care AG & Co. KGaA. Appearance form, Docketing Statement, and Transcript Report/Order form due 04/19/2023. 343). The second was that these same doctors are often provided with opportunities to rent office space that they own to Fresenius at above or at the very top of fair market value, with guaranteed long-term leases that are not commercially reasonable. (Id. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. The Court takes judicial notice of the proffered SEC filings as undisputed documents provided by the parties in connection with a Rule 12(b)(6) motion based on the public-disclosure bar. Defendant contends that the 2014 CKD complaint alleged the same fraudulent scheme concerning joint-venture agreements as the amended complaint here, which was filed seven years later. (Id. for money or property presented to an officer, employee, or agent of the United States. Sandra Martin Work Experience and Education. (Id. Previo usly, Currently, Sandra Martin works as a Clinical Application Specialist at Fresenius Medical Care North America. It then used that data to identify physicians and practice groups to target for medical director positions and joint-venture agreements. US$20.14. (McManus, Caetlin) (Entered: 11/22/2021), (#17) MOTION for Leave to Appear Pro Hac Vice for admission of Noah M. Rich Filing fee: $ 100, receipt number AMADC-9065658 by Martin Flanagan. However, general allegations of illegal or fraudulent practices, without more, are not sufficient to state a claim under the False Claims Act. Previously, Martin was a Senior Na tional Account Manager at QuickSTAT. For the foregoing reasons, defendant's motion to dismiss is GRANTED. According to the complaint, FMCNA clinics and other providers treating ESRD submit to the government one reimbursement claim bill per month for each patient, including the charges for several dialysis treatments, any separately billable laboratory services, and separately billable drugs. The amended complaint describes-in considerable detail-a multi-part scheme to compensate caregivers in return for referrals. Because he did not present those new claims to the government, that portion of the amended complaint alleging false claims based on that conduct will be dismissed. 1995) (quoting S. Rep. No. In any event, as to those aspects of the alleged scheme, the allegations of the submission of false claims are similarly general. See Wilson, 2011 WL 2462469, at *7. (Am. Third, defendant contends that relevant public disclosures occurred in multiple SEC filings by FMCNA. Nov. 12, 2014) (ECF No. Relator Martin Flanagan has brought suit against defendant Fresenius Medical Care Holdings, Inc., d/b/a Fresenius Medical Care North America (FMCNA), alleging that FMCNA improperly provided free or below-cost services to hospitals and physicians, and made various types of improper payments to physicians, in exchange for referrals to its dialysis clinics. Among other things, the complaint uses the passive voice throughout: claims were submitted, rather than FMCNA submitted claims.. He was employed by Fresenius for 29 years. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. It includes a blank example of such a form as Exhibit A. For present purposes, the Court must assume that it did. Furthermore, they do not directly disclose the existence of any of the alleged schemes, or any other form of fraud, nor do they describe facts from which the existence of a fraudulent scheme might be inferred. See 31 U.S.C. It employs more than 40,000 employees and treats nearly 190,000 patients at approximately 2,400 outpatient clinics in the United States, including 39 in Massachusetts. Wilson v. Bristol-Myers Squibb, Inc., 2011 WL 2462469, at *6-7 (D. Mass. Relator first alleged fraud concerning joint ventures in the amended complaint, which was filed in 2021. June 16, 2011). Pilon v. Martin Marietta Corp., 60 F.3d 995, 998-99 (2d Cir. (Id. Instead, it alleges that FMCNA paid kickbacks for referrals on a widespread basis, and that therefore all claims for payment that it submitted to the government were false. Defendant contends that the amended complaint should be dismissed for failure to comply with the pre-suit requirements of the FCA, 31 U.S.C. As to the submission of false claims, it makes the following general allegations: The complaint also describes the compensation paid to a number of specific medical directors around the United States. 257 (Indiana) (All such claims . 119 (2010). The complaint must set forth with particularity the who, what, when, where, and how of the alleged fraud. U.S. ex rel. Id. Bonuses and performance evaluations for mid-level managers were tied, in part, to patient growth and the increase in number of treatments at individual clinics. If relator is correct, that means that the entire government-payor business of FMCNA-which appears to amount to more than $10 billion in revenue per year-is based on fraud. (Id.). There is no contention that any dialysis services performed were medically unnecessary or excessive, or that those services were performed in a substandard manner. 2014), the First Circuit affirmed the denial of a motion to amend the complaint a third time. The statute has a variety of strict requirements, however, that serve both to ensure that the government has a fair opportunity to control the litigation and to screen out claims that are incomplete, redundant, or parasitic. After describing that scheme in some detail, the complaint alleges the following as to the submission of actual false claims: The complaint also provides a somewhat more complete description of the false claims for services allegedly provided to Scripps Health, a large health care system with five hospitals in San Diego, California. (Id. The complaint further alleges that FMCNA paid its medical directors far above fair market value. The Anti-Kickback Statute, 42 U.S.C. A more recent docket listing Dismissal is appropriate if the complaint fails to set forth factual allegations, either direct or inferential, respecting each material element necessary to sustain recovery under some actionable legal theory. Gagliardi v. Sullivan, 513 F.3d 301, 305 (1st Cir. As to Medicaid, the complaint alleges in general terms that state administrators of the program obtain reimbursement from the federal government by submitting a quarterly Form 64 to the Centers for Medicare and Medicaid Services at Department of Health and Human Services. 308-14). 3729(a)(1)(A), (a)(1)(B). 84). 1999)). To the extent that the amended complaint addresses those remuneration relationships, therefore, the claims will not be dismissed. (Id. To be clear, the dispositive question is not whether FMCNA engaged in an illegal and pervasive scheme to pay kickbacks for referrals. The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 556). . No published case in the First Circuit, however, has ever gone so far. (Id. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Documents and certified copy of docket sheet and order of transfer received from the Clerk in the transferor district via Email. D. Pleading Fraud with Particularity under Rule 9(b). 93). The relator is eligible to collect a portion of any damages awarded in a qui tam action, whether or not the government intervenes. Under the circumstances, the Court concludes that it does not. Journal of Intensive Care Medicine 2011 26: 4, 237-249 Download Citation. Second, defendant contends that a complaint alleging medical-director fraud filed in Missouri in 2005 against two different companies-both of which were later acquired by FMCNA-qualified as a public disclosure barring the current allegations. b. The complaint alleges that FMCNA provided free discharge-planning services to hospitals, free in-service training to staff, free training to patients, and free quality assessment and improvement program data analysis. 3730(e)(4)(B) (2006). Here, despite its length, the amended complaint does not describe a single particular false claim. 3/17/2023 8:35 PM. 494.150; Am. A). (McManus, Caetlin) (Entered: 11/02/2021), Docket(#9) ELECTRONIC NOTICE of Case Reassignment. It did not allege that FMCNA improperly provided free services to hospitals and patients in the form of free discharge-planning services, free in-service training to staff, free training to patients, and free quality assessment and improvement program data analysis, nor did it mention the Bridge Program. Gonzales et al. . 91, 93). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. In assessing whether a given later-filed suit is based upon' publicly disclosed allegations, [courts] look to whether those allegations are substantially similar' to said allegations. Cunningham, 713 F.3d at 670. WebMartin Flanagan is a Director, National of Acute Dialysis Services at Liberty Dialysis based in Anchorage, Alaska. 353, 357 (Balboa); id. (Id. June 21, 2005). President, National Cardiovascular Partners; President, Spectra Laboratories. Dist. (McDonagh, Christina). And the best part of all, documents in their CrowdSourced Library are FREE! The statute defines original source as an individual who, [1] prior to a public disclosure . Mar 17, 2023 11:00am. It is sufficient to conclude that judgmental immunity is not applicable where, as here, there is evidence, if believed, that the attorneys fell below the standard of reasonable care in representing their client. 233 (Diablo Nephrology) (Every claim for reimbursement [FMCNA] submitted to [f]ederal health care programs associated with the treatment of these patients was tainted by kickbacks and therefore false within the meaning of the FCA.); id. Under Rule 9(b), the standard for allegations of fraud is higher than the normal pleading standard. It alleged that [t]hese problematic physician relationships generally break down into two areas. (Id.). In many states, Medicaid pays for treatment costs for ESRD patients who do not qualify for Medicare and/or pays for the 20% of treatment costs not covered by Medicare. Compl. CKD Project, LLC v. Fresenius Med. 3730(d). 247-48). 22-1138 | 2022-03-02, U.S. District Courts | Property | DaVita settled that case in October 2014 by entering into a Corporate Integrity Agreement ("CIA") with the Office of Counsel to the Inspector General of the Department of Health and Human Services. (Id. (Id. (McManus, Caetlin) (Entered: 11/22/2021), Docket(#17) MOTION for Leave to Appear Pro Hac Vice for admission of Noah M. Rich Filing fee: $ 100, receipt number AMADC-9065658 by Martin Flanagan. Medicaid is a state-administered program where each state sets its own guidelines concerning eligibility and services, with funding coming jointly from the states and the federal government. Because the False Claims Act is a statute directed at fraudulent conduct, Rule 9(b) requires both that the circumstances of the alleged fraud and the claims themselves be alleged with particularity. Lawton ex rel. The description of the alleged scheme consisted of 25 paragraphs. The False Claims Act permits relators to reap substantial awards for reporting false claims to the government-in this case, the relator could conceivably recover billions of dollars if his allegations are proved. The False Claims Act, 31 U.S.C. (McManus, Caetlin) (Entered: 11/22/2021), Docket(#15) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice Added W. Scott Simmer. (Id. (Attachments: #1 Affidavit Certificate of Noah M. Rich in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#16) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Jamie Bennett. 167-69). Physicians who wanted to terminate the non-competition agreements were forced to negotiate onerous buyouts. According to the complaint, FMCNA pitched medical-director positions to nephrologists as a way to earn a considerable income for little or no investment of time. (Id. Duxbury v. Ortho Biotech Prods., L.P., 579 F.3d 13, 26 (1st Cir. 26). United States ex rel. (McManus, Caetlin) (Entered: 11/22/2021), (#15) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice Added W. Scott Simmer. Join Facebook to connect with Martin Flanagan and others you may know. . Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. In 2014, a qui tam action was filed in the Eastern District of New York alleging that on FMCNA acquired controlling interests in dialysis clinics and paid physician owners above market value for their clinics and that this excess constituted payment to induce the doctors to refer patients back to these clinics. U.S. ex rel. The first was that these physicians were generally paid in excess of fair market value for the services they actually rendered. (Id.). 2023-03-23, Brevard County Courts | Personal Injury | The first question, for the purpose of applying the first-to-file bar, is whether the first-filed complaint contained all the essential facts of the fraud later alleged. United States v. Millenium Lab'ys, Inc., 923 F.3d 240, 252 (1st Cir. The matter was unsealed, and therefore publicly disclosed, in 2018. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. (Id. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Bell Atl. Ex. Poteet v. Medtronic, Inc., 552 F.3d 503, 516-17 (6th Cir. In summary, because the new allegations concerning (1) joint-venture agreements, (2) free services to hospitals and patients, and (3) free practice-management services to physicians are not substantially similar to the allegations in the initial complaint, that portion of the complaint will be dismissed for failure to comply with the filing and service requirements of the FCA.
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