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Use of Misbranded Drugs Results in 5 Year Sentence for Oncologist

Posted on Health Care Law News, White Collar News by Robert Nicholson

In a recent example of prosecutions of physicians for using adulterated or misbranded drugs and devices, a Tampa area oncologist was sentenced on August 7, 2017 to almost 6 years in prison for using unapproved, foreign-sourced chemotherapy drugs.  According to the Indictment, Dr. Norbergs ordered the drugs from foreign, unlicensed distributors for use in her Read more →

Department of Justice Steps Up Diversion Investigations

Posted on Health Care Law News, White Collar News by Robert Nicholson

The Department of Justice has announced the creation of a new Opioid Fraud and Abuse Detection Unit to be comprised of 12 Assistance United States Attorneys in 12 different jurisdictions that will be exclusively assigned to prosecute criminal violations relating to prescription drugs.  The unit reportedly will use data to identify subjects that may be Read more →

Federal Courts Continue to Refine Particularity Requirements Under the False Claims Act

Posted on Health Care Law News by Robert Nicholson

In one of the latest opinions from a Federal Circuit Court of Appeals on the issue of the particularity required of a whistleblower in bringing a False Claims Act case, the First Circuit Court of Appeals allowed a case to proceed with allegations regarding a single false claim.  The Court commented that with respect to the allegations of Read more →

Fraud Case Dismissed Against Client of the Firm

Posted on Firm News by Robert Nicholson

A federal civil fraud case filed against a medical services provider client of the Firm has been dismissed by the plaintiff after the Firm provided the plaintiff with a detailed demand letter setting forth the deficiencies in the plaintiff’s case.  The Firm also put the plaintiff on notice of the Firm’s intent to seek its defense fees if the Read more →

Medicare Overpayment Reversed in Rare Application of Provider Being Found to be Without Fault by Administrative Law Judge

Posted on Firm News, Medicare Reimbursement by Robert Nicholson

After almost seven years of navigating the administrative appeals process, the Firm secured the complete dismissal of a $1,000,000 dollar Medicare overpayment for a South Florida physician.  Following the physician’s receipt of untimely overpayment demands, the Firm secured the reinstatement the provider’s appellate rights.  The gist of the overpayment demand was that the provider failed Read more →