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Healthcare Fraud

  • Partner Randall Fox’s Whistleblower Case under the False Claims Act Results in Indictment of Long Island Doctor


    New York Attorney General Letitia James is pursuing criminal charges that were first brought to light by a False Claims Act lawsuit filed by Kirby McInerney partner Randall Fox on behalf of a whistleblower client against a Queens, New York radiologist and his company.

  • Kirby McInerney LLP Wins Affirmative Summary Judgment in Medicaid Fraud Case Against 11 Drug Manufacturers

    The Honorable Patti Saris of the United States District Court for the District of Massachusetts granted the City of New York and New York Counties’ motion for summary judgment against 11 pharmaceutical manufacturers in In Re: Pharmaceutical Industry Average Wholesale Price Litigation. The decision states that the defendants violated New York Social Services Law 145-b by knowingly reporting fictitious prices on which Medicaid reimbursements were based.

  • Kirby McInerney Procures Settlement in Bristol-Myers Squibb Medicaid Fraud Suit

    Kirby McInerney is proud to announce that a team of our attorneys led by partner Joanne Cicala has procured a $11.5 million settlement in a Medicaid fraud suit against Bristol-Myers Squibb (“BMS”). The firm represented 43 New York Counties and the City of New York in this litigation. The recovery represents nearly the full value of the City/County Claims against BMS. Plaintiffs alleged that BMS caused the publication of fraudulent and inflated Average Wholesale Prices (AWPs) for their drugs, on which Medicaid payments are based. Joanne and her team continue to work on procuring further recoveries for our clients from the other defendants.

  • N.Y. Slams Drug Makers’ Calls To Toss AWP Case
    07/12/2007 | Portfolio Media

    New York officials have asked a federal court to ignore a joint motion to throw out an antitrust case against a slew of drug companies accused of scamming Medicare, scoffing at arguments the case was “too large.”