With increased incentives for whistleblowers and the possibility of obtaining treble damages, businesses, particularly pharmaceutical, medical device and other health care and life sciences companies, are increasingly finding themselves under investigation or in litigation for alleged violations of the False Claims Act.
If your company is one of those companies facing charges, the stakes could not be higher. An adverse result can lead to significant financial liability, reputational damage, and debarment from government programs.
The quality and experience of your legal team can make a crucial difference.
Strong defense based on deep experience
Our team of dedicated corporate investigations lawyers—hailing from both industry and government positions in enforcement—has years of experience in all phases of FCA investigations and litigation, achieving outstanding results for our clients. Our team includes former federal and local prosecutors, including a former member of the Department of Justice's Health Care Fraud Prevention and Enforcement Action Team, the former New York Medicaid Director and Deputy Commissioner of Health, and the former First Deputy for the New York State Office of the Medicaid Inspector General.
Our lawyers respond to investigations as one seamless team, working with our nationally recognized health care and life sciences lawyers and consultants. We know the complex regulatory regimes that govern these sectors, including Medicare and Medicaid billing and reimbursement rules.
We perform in-depth analysis of allegations, meticulously sifting through all applicable laws and regulations to help mount an effective defense. At the same time, our team of former prosecutors guides you through complex investigations, including collecting documents, conducting interviews, and presenting your case effectively to the government.
If an investigation leads to a lawsuit or to criminal charges, our litigation team includes seasoned former prosecutors and trial lawyers who have successfully litigated FCA matters in court. We can also assist you in developing effective compliance programs that can help you avoid exposure going forward.
Who we work with
Manatt has defended numerous clients in FCA investigations and litigation, including:
- Hospital systems
- Physician groups
- Nursing homes
- Acute care facilities
- Home health care providers
- Durable medical equipment companies, medical device manufacturers
- Laboratories
- Pharmaceutical companies
- Insurers
- Defense contractors
- University medical centers
- Governmental entities
What we do
- Defend FCA, qui tam and other whistleblower claims brought against companies, directors and officers
- Develop effective compliance programs
A Track Record of Success
Manatt has defended numerous clients in FCA investigations and litigation, including:
- A Hospital System. Manatt successfully defended a major hospital system in an FCA investigation by a U.S. Attorney's Office and the Department of Health and Human Services (HHS). The government alleged that the hospital performed medically unnecessary tests, leading to fraudulent Medicare claims. Manatt attorneys analyzed reams of information and made a presentation to the U.S. Attorney's Office and HHS/Office of the Inspector General agents, convincing them to drop their investigation.
- A Pharmaceutical Company. Our lawyers won dismissal of an FCA case brought against our pharmaceutical company client and others in federal court in Massachusetts. The whistleblower claimed that our client had submitted claims to the Medicaid Drug Reimbursement Program for nonreimbursable drugs. Working with counsel for codefendants, we successfully argued that the court lacked jurisdiction to hear the case under the FCA's public disclosure bar, and the case was dismissed with prejudice.
- A University Medical Center. Manatt is representing a university medical center in an FCA case in federal court in California. The case, alleging Medicare upcoding, was filed by a physician after the government declined to intervene. In response to our motion to dismiss, the whistleblower dismissed her FCA allegations.
- A Medical Device Company. A team of our lawyers successfully represented a publicly traded medical device company in an FCA investigation conducted by HHS, the FDA and the Department of Justice. The investigation was instigated by a whistleblower, claiming hundreds of millions of dollars of liability arising out of purported noncompliance with FDA regulations. Manatt conducted an internal investigation, handled subpoena compliance and made a presentation to the government, successfully arguing that the evidence did not support liability under the FCA. After conducting a 16-month investigation, the government declined to join in the whistleblower's lawsuit, and the whistleblower voluntarily dismissed the complaint.
- A Laboratory. Manatt successfully represented a laboratory initially accused by a U.S. Attorney's Office and the Veteran's Administration of knowingly submitting claims for tests that are not covered by the VA. We presented evidence showing our client's lack of the requisite knowledge, and the government agreed to drop the FCA claim.
- A Defense Contractor. Our lawyers represented two related entities in an FCA case in federal court in Florida arising out of a military supply contract. The plaintiff alleged fraudulent use of substandard components and inspection standards and retaliation against the whistleblower. After a discovery period that included months of motion practice and multiple sanctions against the relator, we succeeded in getting the case dismissed with prejudice.