Community Health Systems, $97 million

Dr. Caroline Poplin Articles, Elizabeth Shofner, Reuben Guttman Articles, Successes, Traci Buschner Articles

U.S. ex rel. Doghramji, et al. v. Community Health Systems Inc., et al.,
Middle District of Tennessee.

Firm attorneys represented three relators in a case alleging healthcare fraud by Tennessee-based company Community Health Systems, Inc. (“CHS”). The scheme to defraud the Medicare system jeopardized patients safety by unnecessarily hospitalizing patients and  preventing patients suffering from true emergencies from receiving  adequate care. CHS paid $97 million to resolve accusations that CHS emergency rooms in 120 hospitals systematically admitted patients not suffering from any emergency who should have been treated in an out-patient setting to capitalize on increased cost of reimbursement for emergency services and cheat federal and state insurance plans out of millions.

Abbott Labs, $1.6 billion

Dr. Caroline Poplin Articles, Reuben Guttman Articles, Successes, Traci Buschner Articles

U.S. ex rel. McCoyd v. Abbott Laboratories,
Western District of Virginia.

The firm’s attorneys, in conjunction with state and federal governments, pursued claims against Abbot Laboratories, alleging that Abbot unlawfully marketed its anti-epileptic drug, Depakote, to children and nursing home patients.  Their efforts on behalf of the lead whistleblower lead to a $1.6 billion recovery for federal and state governments, one of the largest recoveries under the False Claims Act in a pharmaceutical case involving a single drug, as well as the institution of a  corporate integrity agreement that places compliance burdens on Abbott’s corporate management.

Celgene Corporation, $280 million

Dan Guttman Articles, Dr. Caroline Poplin Articles, Elizabeth Shofner, Nancy Gertner Articles, Paul Zwier Articles, Reuben Guttman Articles, Successes, Traci Buschner Articles

U.S. ex rel. Brown v. Celgene Corporation,
Central District of California.

GBB recovered $280 million in a non-intervened False Claims Act case against Celgene Corporation on the eve of trial. The Complaint alleged that Celgene unlawfully marketed its drugs Thalomid and Revlimid, including for unsafe and ineffective uses, and subverted independent judgment of medical professionals through false and misleading promotion. The Complaint also alleged that Celgene paid kickbacks to medical professionals to prescribe and recommend Celgene’s drugs in violation of the Anti-Kickback Statute. The settlement is the second largest in a non-intervened case brought under the False Claims Act.

Thought: My attorney is drafting a lawsuit, do I have to read it?

Whistleblower Concerns

Answer: Absolutely. The lawsuit encapsulates your claims. You should read the allegations and ask the attorney questions about what he or she has written. If you do not understand the words or the allegations, make sure that your attorney explains them to you. You should ask as many questions of your attorney that you need to ask so that you are comfortable.

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