3729-33, provides for civil liability for anyone who knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval or knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim. 31 U.S.C. MEMORANDUM AND ORDER: This case was erroneously assigned to my docket as a result of a failure by docketing personnel in the Clerks Office to recognize that it is not related to the MDL proceeding assigned to me. 3730(e)(4)(A). 30-31). Previo Read More Export Get Full Access to Martin's Info Last Update 12/13/2021 10:41 PM Email @fmcna.com HQ Phone (781) 699-9000 Company Fresenius Medical Care North The statute defines original source as an individual who, [1] prior to a public disclosure . For example, medical directors at 160 FMCNA clinics made more than $300,000 in 2019, well above the average compensation of medical directors at similarly located clinics. In substance, the complaint alleges the FMCNA created a nationwide scheme to pay unlawful kickbacks for referrals at all of its outpatient dialysis facilities; that all claims submitted for all dialysis services are therefore tainted by kickbacks; and that therefore every claim submitted by FMCNA during the relevant period was false. Suppose, for example, that in a world free from kickbacks, 25% of the dialysis services business of FMCNA would have been captured by competitors. 31 U.S.C. Util. 22-1305 | 2022-04-25, U.S. Courts Of Appeals | Other | (Id. Previously, Martin was a Direct or, Acute Maket Development As to the submission of false claims, it makes the following general allegations: The complaint also describes the compensation paid to a number of specific medical directors around the United States. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The objective of the essential facts test is to determine whether the statutorily required threshold for notifying the government of the fraud alleged in the later-filed suit has been met. The 2005 complaint alleged improper conduct dating from a decade before the conduct alleged here. Contact. It then used that data to identify physicians and practice groups to target for medical director positions and joint-venture agreements. (Id.). The Crusader Takes a Closer Look: The Dialysis Hustle Part 2 v. Fresenius Medical Care Martin (Id. WebSenior Vice President of Strategic Business Integrations Fresenius Medical Care. Nonetheless, the First Circuit has identified some examples of specific allegations that may suffice to state a claim with the requisite particularity. Martin L. Flanagan is a businessperson who has been at the helm of 13 different companies. 89). On February 5, 2021 a long-time former Fresenius Medical Care North America (Fresenius) employee, Martin Flanagan, filed a qui tam relator amended The CKD complaint therefore contained the essential facts alleged here, thus barring the allegations contained in the amended complaint. (Id. (McDonagh, Christina). See Kelly, 827 F.3d at 13. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Paperback. To the extent the complaint here provides any factual or statistical evidence as to the actual false claims, it does so by alleging in a handful of instances that certain types of claims associated with patients at certain facilities were false. Physicians who wanted to terminate the non-competition agreements were forced to negotiate onerous buyouts. Marvel Studios Phenomenon (Id. As its Western Division director of acute market development, he was Ex. Certainly it would not be irrational to conclude that the presence of kickbacks taints the entire payment process, so that 100% of the claims may be deemed to have been caused by the violation. The statute has a variety of strict requirements, however, that serve both to ensure that the government has a fair opportunity to control the litigation and to screen out claims that are incomplete, redundant, or parasitic. FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North America, (#20) NOTICE of Appearance by Noah M Rich on behalf of Martin Flanagan (Rich, Noah) (Entered: 11/24/2021), (#19) NOTICE of Appearance by W. Scott Simmer on behalf of Martin Flanagan (Simmer, W.) (Entered: 11/22/2021), Affidavit Certificate of Noah M. Rich in Support of Motion for Appearance Pro Ha, Affidavit Certificate of Jamie Bennett in Support of Motion for Appearance Pro H, Affidavit Certificate of W. Scott Simmer in Support of Motion for Admission Pro, (#12) NOTICE of Appearance by Christopher P. Sullivan on behalf of Martin Flanagan (Sullivan, Christopher) (Entered: 11/18/2021), Affidavit Certification of Megan S. Heinsz, (#4) NOTICE of Appearance by Maria R. Durant on behalf of Fresenius Medical Care Holdings, Inc. (Durant, Maria) (Entered: 10/07/2021), (#3) NOTICE of Appearance by William H. Kettlewell on behalf of Fresenius Medical Care Holdings, Inc. (Kettlewell, William) (Entered: 10/07/2021), Docket(#20) NOTICE of Appearance by Noah M Rich on behalf of Martin Flanagan (Rich, Noah) (Entered: 11/24/2021), Docket(#19) NOTICE of Appearance by W. Scott Simmer on behalf of Martin Flanagan (Simmer, W.) (Entered: 11/22/2021), Docket(#18) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #17 Motion for Leave to Appear Pro Hac Vice Added Noah M. Rich. of Cunningham v. Millennium Lab'ys of Cal., Inc., 713 F.3d 662, 669-70 (1st Cir. (CKD Compl. MARTIN FLANAGAN, Plaintiff-Relator, v. FRESENIUS, Court:United States District Court, D. Massachusetts. This action is taken to insure the parties receive timely notice of the properly assigned presiding judge and is without prejudice to consideration by the Court as a whole whether Local Rule 40.1 should be amended in some fashion to eliminate any further misunderstanding by the Clerks Office. 170. (Id. Chris Churchill. (Attachments: #1 Affidavit Certificate of Noah M. Rich in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#16) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Jamie Bennett. United States v. Cyberonics, Inc., 844 F.3d 26, 31 (1st Cir. The description of the alleged scheme consisted of 25 paragraphs. Compl. Id. 93). CKD Project v. FMCNA, No. 162). Feb. 25, 2013), the mere publication of compensation information, without an allegation of fraud or misrepresentation, is not sufficient to trigger the bar. . may be available from PACER. 2014), the First Circuit affirmed the denial of a motion to amend the complaint a third time. Again, however, no case, to the Court's knowledge, has ever established such a procedure. Instead, it alleges that FMCNA paid kickbacks for referrals on a widespread basis, and that therefore all claims for payment that it submitted to the government were false. . . 3. (Id. Therefore, the court may consider any public disclosures made prior to 2021 for purposes of determining whether the claims are prohibited by the public-disclosure bar. FMCNA is America's largest dialysis-services provider. Martin Flanagan and United States of America: Defendant: FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North 249 (NANI) (All . 2013) (Duxbury II) (internal quotation marks and citations omitted). Finally, the complaint alleges that FMCNA entered into joint-venture agreements with physicians in order to induce referrals to the joint-venture clinic. FMCNA generated reports to track which medical directors and their practice groups referred patients to outside clinics and the reasons why. The public-disclosure bar seeks to prevent parasitic qui tam actions in which relators, rather than bringing to light independently discovered information of fraud, simply feed off of previous disclosures of public fraud. United States ex rel. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. [23-1305] (JAW) [Entered: 04/05/2023 In assessing whether a given later-filed suit is based upon' publicly disclosed allegations, [courts] look to whether those allegations are substantially similar' to said allegations. Cunningham, 713 F.3d at 670. facetime call on chromebook; . they [therefore] violated the FCA's filing and service requirements. Wilson, 750 F.3d at 120. Sandra Martin Work Experience and Education. 286 (Texas) (All such claims . 2007) (citing Rogan v. Menino, 175 F.3d 75, 77 (1st Cir. As is often the case with qui tam actions, the issue is not whether the complaint alleges an unlawful scheme-it does, in considerable detail-but whether it actually pleads a violation of the False Claims Act. In that role, he was responsible for, among other duties, negotiating contracts under which FMCNA provided dialysis treatment to hospital inpatients. . . In affirming that decision, the First Circuit stated that the new paragraphs in the [p]roposed [complaint] were attributable to the new relator and . The second issue is whether the public-disclosure bar of the statute precludes all or any of the claims-that is, whether relator is filing suit concerning matters that had been previously disclosed to the public. (Danieli, Chris) (Entered: 11/02/2021), Docket(#8) Judge Douglas P. Woodlock: ELECTRONIC ORDER FOR TRANSFER entered. [ ]. The government can intervene in a qui tam action and assume primary responsibility over it. Flanagan v. Fresenius Medical Care Holdings, Inc. Martin Flanagan and United States of America, FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North America, US District Court for the District of Massachusetts. Co. Ltd., 737 F.3d 116, 123 (1st Cir. . L. No. The False Claims Act permits relators to reap substantial awards for reporting false claims to the government-in this case, the relator could conceivably recover billions of dollars if his allegations are proved. The complaint further alleges a scheme to provide favorable leases to physician groups in order to induce referrals. #57) filed by Appellant Martin Flanagan. Free Services to Hospitals and Patients. United States ex rel. D. Pleading Fraud with Particularity under Rule 9(b). 83). Est. (Id.). ESRD expenditures by Medicare exceed $40 billion annually. Since then Sandra has changed 4 companies and 4 roles. (Id. Rather than spend time at this point disputing and, if necessary clarifying rule language, however, I have simply consulted with the Chief Judge and under L.R.
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