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We are attorneys that investigate False Claims Act cases nationwide, including in the states of Tennessee, Arkansas, Mississippi, Kentucky and elsewhere for Medicare fraud, tax fraud, contractor fraud and more against a range of employers including healthcare providers, medical device companies, defense contractors, and pharmaceutical companies. We stand ready to provide a free case evaluation to you; please call us today.

False Claims Act Reports on Case Against Boston Scientific

As attorneys under the False Claims Act who help people nationwide with claims for fraud against the Government, including the States of Tennessee, Arkansas, Mississippi and Alabama, we wanted to provide information that the Boston Scientific Unit cannot dodge False Claims Act claims or disqualify counsel from a particular law firm.

A Boston Scientific Corporation unit failed to shake a whistle blower claim in New Jersey Federal Court alleging that it illegally paid doctors to promote off label uses of its spine cord device and of billing Medicare and Medicaid for such uses.  Similarly, Boston Scientific was unable to have a particular law firm excluded from representing former employees making the allegations.  The decision was made by U.S. District Judge Susan D. Wigenton, who ruled that the Relators had made sufficiently specific claims against Boston Scientific Neuromodulation Corporation with enough details for their claims to proceed.  The Relators bringing the False Claims Act suit are two former employees of Boston Scientific Neuromodulation Corporation, Wendy Bahnsen and Carolina Fuentes who have worked in the firm’s billing department that sent claims to Medicare, Medicaid and private insurers.  The Relators, which brought their claims in March 2011, accuse Boston Scientific of submitting fraudulent claims for its precision plus spinal cord stimulation system even when it was being used for off-label purposes and engaging in the kickback scheme with doctors.  Boston Scientific Corporation has denied all such allegations.

The U.S. Food and Drug Administration (FDA) approved the device in April 2004 to treat certain back pain, but it allegedly was also used for other purposes despite this approval.  The Relators also accused BSC of carrying out a kickback scheme through which it pushed the use of the device for non-approved purposes by providing free services to doctors.  The federal government chose not to intervene in this suit in February 2012, but the Relators have nevertheless continued ahead with the suit filing an amended complaint in September.

If you have knowledge concerning an individual or company that is defrauding the government, including for providing unnecessary medical treatment, off-label use of medical devices, or other areas, please contact us immediately for a free consultation.

THE SCOPE OF FRAUD

Amazingly, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud.

The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/Defense contract fraud; Pharmaceutical Manufacturing;contract fraud involving any number of large government spending programs; or other types public benefit fraud.

HELPING THE PUBLIC.

As a whistleblower attorney, we are interested in speaking with persons willing to make known the truth about company practices and are willing to file a qui tam or whistleblower action. One area in particular we are interested in discussing are lawsuits involving medical device companies where the company is alleged to have overcharged, engaged in kickback programs, and the like. We will nevertheless investigate claims in a variety of areas.

Workers and persons all across the country witness actions at their work that may be unlawful or even corrupt. Unfortunately, some employees and workers feel that they will be fired, terminated, harrassed or punished if they report an unlawful or corrupt action. These reporters, however, are protected by the law as a Whistleblower and can receive compensation because of the False Claims Act or the Medicaid False Claims Act. If you have reported actions that may be fraudulent, then you should talk to a Whistleblower or qui tam lawyer about your facts.

Whistleblowers help the government to get back billions of dollars each year with the help of the False Claims Act. In fact, fraudulent Medicaid claims are also caught by whistleblowers having the Medicaid False Claims Act on their side. If you report a false claim or fraudulent action to the government, then the government will give you, the whistleblower, a part of the money that gets recovered. This is because of qui tam requirements. Qui Tam means that a person files a lawsuit for the king and also for him or herself. The phrase is qui tam pro domino rege quam pro se ipso in hac parte sequitur, or, “he who sues for the king as well for himself.”

These requirements and lawsuits were made popular during the Civil War when many people were getting away with fraudulent actions against the government. In 1986, the False Claims Act was amended to raise the total compensation given to people who reported fraudulent actions, or whistleblowers. If a whistleblower works with a lawyer then it may be possible for them to get three times the amount the government would get in damages and also get additional compensation for general fines.

TYPES OF CASES

The most common situations that could form the basis of a Qui Tam action include:

• Submitting a false or fraudulent record, bill or statement to the government in order to fraudulently obtain money such as reporting a medical service that was never performed for Medicare or Medicad;
• Conspiring with a third party to submit or present have a false or fraudulent claim to the government;
• Withholding property of the government with the intent to defraud or conceal the property from the government;
• Fraudulently buying property of the government from someone not authorized to sell that property; and
• Making a false statement to fraudulently avoid paying money to the government or to avoid delivering property to the government.

FOR HELP, PLEASE CONTACT US.

We help whistleblowers on a contingency basis, meaning there is no fee charged for our work unless there is a recovery. We also front any and all expenses. No matter where you are located — we will represent you. We will come to you, you will not have to come to us.

Attorneys in our firm and attorneys that we work with on Whistleblower, Qui Tam, False Claims Act cases have represented a host of persons making claims, for violations of federal tax law, Medicare law and more.

For more information, please contact our team of whitsleblower and qui tam attorneys today.

CALL 1-800-632-1404

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