Whistleblower & Qui Tam Cases

CDM Smith INC/CDM Federal Programs Corporation False Claims Act Lawsuit 5.65 Million Settlement

WASHINGTON, Aug. 27, 2020 — Sanford Heisler Sharp announced that CDM Smith, Inc., a construction and engineering company, and its wholly owned subsidiary CDM Federal Programs Corporation, which serves government agencies, have agreed to pay $5.65 million to the United States to settle False Claims Act and contractual claims.READ MORE

Humana Roche False Claims Act Action

In 2014, Sanford Heisler Sharp filed a whistleblower action on behalf of the Relator, a former employee of Roche Diagnostics, alleging that the company violated the Anti-Kickback Statute and False Claims Act by submitting false claims to the Medicare Advantage program, and that when the whistleblower reported this fraudulent activity to corporate management she was terminated in retaliation.READ MORE

Fortinet Qui Tam Settlement

In April 2019, Sanford Heisler Sharp and the U.S. Government settled a whistleblower case brought under the False Claims Act (“FCA”) with Fortinet, a publicly held network security company headquartered in Sunnyvale, Ca. As part of the settlement, Fortinet agreed to pay the Government $545,000. The Relator, represented by Sanford Heisler Sharp, received $103,550, or 19% of the total settlement.READ MORE

Aurora Signature Whistleblower Suit

Organizations: Aurora Behavioral Healthcare – Santa Rosa, LLC and Signature Healthcare Services, LLC

After more than three years of litigation, attorneys at Sanford Heisler Sharp and Valerian Law announced they reached a landmark Private Attorney General Act (PAGA) settlement on behalf of a former nursing leader at a North Bay acute psychiatric hospital.READ MORE

Nagan Construction Whistleblower Lawsuit

Sanford Heisler Sharp announced that New York-based construction company Nagan Construction, Inc. and Nadir Uygan reached a settlement in a qui tam suit. Per the settlement agreement, Nagan Construction, Inc. and Mr. Uygan will pay $831,000 to the United States and New York state, though the claims brought against Mr. Uygan are limited to the State of New YorkREAD MORE

Navistar False Claims Act Lawsuit–$50 Million Settlement

In 2013, Duquoin Burgess, a former contract director at Navistar, filed the Complaint against Navistar Defense and Navistar International for violations of the False Claims Act. Seven years later, Navistar agreed to pay $50 million to resolve the FCA allegations.

Bon Secours Whistleblower Action

United States of America et al. v. Bon Secours New York Health System, Inc., et al.

The original complaint in this matter (SDNY Case 1:10-cv-09650) was filed in U.S. District Court for the Southern District of New York on December 29, 2010, and unsealed by an Order of the Court on April 21, 2015. Relator asserts that between December 2004 until 2015, Bon Secours Health System, Inc., Bon Secours New York Health System and Schervier Long Term Home Health Care Program defrauded Medicaid and Medicare by filing millions of dollars in false claims for home health services provided to elderly and homebound patients. Poughkeepsie resident June Raffington, a licensed nurse in New York since 1986, is the relator in this qui tam matter.READ MORE

Atricure Whistleblower Fraud Matter

Sanford Heisler Sharp brought a whistleblower/qui tam matter against AtriCure Inc., (“AtriCure”), a medical device manufacturer. Subsequently, AtriCure agreed to pay $4.15 million to resolve all claims against it. The Complaint charged that AtriCure violated the Federal False Claims Act by using illegal kickbacks and an off-label marketing campaign to induce doctors and hospitals to perform AtriCure’s costly inpatient cardiac surgical ablation procedures rather than standard, andmore effective outpatient catheter ablation procedures. As a result, the Medicare program faced substantially increased costs from AtriCure’s unnecessary and expensive procedures.READ MORE

Oce North America Whistleblower Action–$1.2 Million Settlement

In September 2009, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the False Claims Act (“FCA”) with Oce North America, Oce Imagistics, and Oce USA Holdings, Inc. (“Oce”), wholly owned subsidiaries of Oce, N.V. of the Netherlands.READ MORE

Endoscopic Technologies Qui Tam Action–$1.2 Million Settlement

In July 2009, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the False Claims Act (“FCA”) with Endoscopic Technologies, Inc. (“Estech”), a medical device manufacturer.READ MORE

Scripps Health System Whistleblower Lawsuit–$1.5 Million Settlement

On March 24, 2016, Sanford Heisler Sharp filed a whistleblower action under the False Claims Act on behalf of the U.S. Government and the Relator, a former Director of Business Operations at San Diego’s Scripps Health System.READ MORE

Amgen Corporation – $762 Million Settlement

In December 2012, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the False Claims Act (“FCA”) with Amgen Corporation, a leading biotech industry company.READ MORE

Temple St. Clair Whistleblower Action – $796,000 Settlement

Sanford Heisler Sharp today announced that luxury jeweler Temple St. Clair has agreed to pay the United States Government $796,000 to settle claims brought by a whistleblower under the False Claims Act. The suit was filed in the United States District Court for the Southern District of New York in 2015. The case is thought to be the first in New York to recover money for the United States government based on the defendant’s failure to properly mark its products with their country of origin.READ MORE

Pathway Genomics Corporation Qui Tam Action – $4.1 Million Settlement

In December 2015, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the False Claims Act (“FCA”) and the Anti-Kickback Statute with San Diego-based genetic testing giant Pathway Genomics Corporation (“Pathway”).READ MORE

Omnicare Whistleblower Lawsuit–$124 Million Settlement

In October 2013, Sanford Heisler Sharp, Relator’s co-counsel, and the United States Government settled a whistleblower action under the False Claims Act (“FCA”) with Omnicare, Inc., the nation’s largest provider of pharmacy services to nursing home patients. As part of the settlement, Omnicare agreed to pay the Government $124.24 million. The Relator, represented by Sanford Heisler Sharp and its co-counsel, received approximately 17% of the settlement, or $17.24 million.READ MORE

Nargol et al. v. DePuy Orthopaedics Inc. et al.

Sanford Heisler Sharp brought whistleblower claims on behalf of Dr. Antoni Nargol and Dr. David Langton, two physicians and researchers who were first to uncover that medical-device company DePuy Orthopaedics manufactured and sold large numbers of defective hip implants to the government. Based on their experience and their clinical practice, the physicians ascertained that DePuy’s Pinnacle metal-on-metal hip implants were failing at an unreasonably high rate. Further research revealed that DePuy’s manufacturing processes were producing metal liners (the prosthetic replacement for a hip socket) that did not meet FDA-required specifications 50.41% of the time, and that the metal head (the prosthetic replacement for the ball at the top of the leg) did not meet FDA-required specifications 14.93% of the time. The physicians also determined that DePuy was likewise manufacturing two metal parts within the metal head out of specification.READ MORE

New York City Department Of Education–$1.375 Million Settlement

In January 2014, Sanford Heisler Sharp and the U.S. Government settled a False Claims Act (“FCA”) whistleblower action with the City of New York’s Department of Education (“DOE”). As part of the settlement, the City agreed to pay the Government $1.375 million. The Relator, Dana Ohlmeyer, who was represented by Sanford Heisler Sharp, received 15% of the settlement, or $206,250.READ MORE

Smith & Nephew Qui Tam Lawsuit–$11.3 Million Settlement

In September 2014, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the Trade Agreements Act (“TAA”) and the False Claims Act (“FCA”) with Smith & Nephew, Inc., one of the world’s largest medical device manufacturers.READ MORE

Meridian Surgical Partners False Claims Act Action–$5.1 Million Settlement

In September 2014, Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the False Claims Act (“FCA”) and the Anti-Kickback Statute with Meridian Surgical Partners, LLC (“Meridian”), a Tennessee-based health care company that acquires and manages ambulatory surgical centers (“ASCs”).READ MORE

United States ex rel. Sherwin v. Office Depot (Los Angeles County Superior Court) – $68 Million Settlement

The whistleblower, represented by Altomease Kennedy and California co-counsels, alleged that Office Depot violated the California False Claims Act by overcharging numerous governmental entities, including the city and county of Los Angeles, for office and classroom supplies, and failing to offer them the company’s “best price.” The city of Los Angeles received the largest settlement allocation of more than $11 million.READ MORE

United States ex rel. Cox Et Al v. Medtronic (D. Minn.) – $23.5 Million Settlement

Sanford Heisler Sharp won a more than $4.4 million qui tam settlement against Medtronic, Inc., one of the world’s largest medical device manufacturers. The whistleblower, represented by the firm and the U.S. Department of Justice, alleged that Medtronic violated the Trade Agreements Act (“TAA”) and the False Claims Act by selling products to the Government that were manufactured in countries with which the United States is not a trading partner, under contracts governed by the TAA.READ MORE

International Vitamin Corporation – $22.865 Million Settlement

Sanford Heisler Sharp and the U.S. Government settled a whistleblower action under the False Claims Act (“FCA”) with International Vitamin Corporation (“IVC”), a leading importer of dietary supplements, in January 2023. As part of the settlement, IVC agreed to pay the government $22.865 million. The relator, who is represented by Sanford Heisler Sharp, will receive 20% of the settlement—over $4.5 million. The case alleged that IVC systematically skirted customs duties on thousands of imports of nutritional supplements from China between January 1, 2015 and September 13, 2019 by fraudulently reporting incorrect tariff classifications and duty rates on the imports. The Complaint also alleged that IVC knew that it had evaded more than $10 million in duties but failed to inform the Government and pay the duties as required under applicable law.READ MORE

Qui Tam Fraud Action Against Medtronic

In December 2011, Sanford Heisler Sharp and the U.S. Government settled two whistleblower actions brought under the False Claims Act (“FCA”) with Medtronic, Inc., one of the world’s largest medical device manufacturers. As part of the settlement, Medtronic agreed to pay the government $23.5 million. Three relators received approximately 17% of the settlement, or $3.8 million, and a fourth relator received $160,160. Sanford Heisler Sharp represented two of the relators in the Minnesota matter.