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RPWB Represented a Whistleblower who Helped the Federal Government Recoup $1.7 million

ORLANDO, Fla. – The federal government has recouped $1.7 million from a healthcare provider who fraudulently billed Medicare and TRICARE for medical procedures that were not deemed necessary and were performed by an unqualified technician.

In the settlement agreement, Jena Medical Group LLC, as well as several individuals associated with the company, have agreed to repay federal payments to resolve allegations that they violated the False Claims Act by submitting the claims for radiofrequency ablations.

The case began with a whistleblower action brought by a former employee of the company. The whistleblower was represented by RPWB attorneys Chris Tuck, Bobby Wood and Chuck Dukes.  The investigation revealed that the company billed Medicare and TRICARE for radiofrequency ablations that were not medically necessary and were performed by an unqualified technician from January 2018 to December 2020.  Jena Medical also permitted the washing and re-use of catheters that were designed for a single use, thus putting the patients at unnecessary risk.

By law, people with information about fraudulent claims submitted to the government for payment can sue under qui tam, or whistleblower, provisions of the False Claims Act. The act allows such whistleblowers to share in the government’s recovery.

“The False Claims Act gives an additional incentive for people to report fraud perpetrated against taxpayers,” said RPWB attorney Chris Tuck. “In this case, the relator was able to help the federal government recoup a significant amount of money and share in the proceeds. We urge anyone with first-hand knowledge of fraud perpetrated against the federal government to consult with an attorney at RPWB for a confidential case review.”

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With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

Beth Burke is personal injury lawyer of the year in Charleston, S.C.

 

Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

Mount Pleasant, S.C.

Nina Fields Britt – Mass Tort/Class Actions Litigation

Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

Kim Keevers Palmer – Mass Tort/Class Actions Litigation

Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

Ed Westbrook – Mass Tort/Class Actions Litigation

Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

Charleston, S.C.

Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

Aiken, S.C.

Dave Butler – Personal Injury & Product Liability Litigation

Ken Wilson – Personal Injury & Product Liability Litigation

Edwardsville, Ill.

Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

Ones to Watch

Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

  • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
  • Matt Nickles is honored for personal injury and product liability litigation.
  • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

About Best Lawyers

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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$5.4 Million Settlement Reached in Fatal Charleston DUI

Chuck Dukes

 

CHARLESTON, S.C. — A case involving a 32-year-old Chicago man who was killed by a drunk driver in Charleston recently resolved for $5.4 million.

In January 2019, William Kappel, Jr. (deceased), his wife Laura, and Jacqueline Zink traveled to Charleston to visit their friend Joseph Murray, who had recently moved to the Lowcountry from Chicago. As they were heading home from an evening out in downtown Charleston, their vehicle was struck by a drunk driver.

Crash data revealed that the drunk driver, Cade Garris, reached speeds of 74 mph in a 35 mph zone moments before he ran a red light on Meeting Street and caused the fatal collision. Plaintiffs’ investigation revealed that Garris had been drinking at two establishments in downtown Charleston before he got behind the wheel to drive home. Later toxicology results also indicated that Garris was over twice the legal limit at the time of the collision.

Garris was underinsured and the bar defendants funded the bulk of the settlement. As a part of the settlement, one bar defendant will donate $25,000 to a foundation started in honor of Billy Kappel, implement annual safe-service alcohol training for its staff to help prevent similar tragedies in the future, and significantly lengthen its surveillance footage retention policy.

Under the terms of the parties’ settlement, other details, including the identities of the bar defendants and their attorneys, are unavailable.

Billy’s estate, Laura Kappel, and Jacqueline Zink were represented by Chuck Dukes of Rogers, Patrick Westbrook & Brickman, and Chris Moore and Terry Richardson of Richardson, Thomas, Haltiwanger, Moore & Lewis. Joseph Murray was represented by John Moylan and Lucy Dinkins of Wyche, P.A.

The settlement was finalized on Feb. 18th in front of U.S. District Court Judge David C. Norton.

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Top-Listed Firm for Personal Injury, Product Liability and Mass Torts

RPWB is the top-listed plaintiff law firm in South Carolina for personal injury, product liability and mass tort litigation in the 2021 edition of The Best Lawyers in America®.

In all, 14 RPWB attorneys were named Best Lawyers in their respective practice areas. Two other RPWB lawyers were named “Ones to Watch,” a designation for younger, up-and-coming attorneys.

Also in the 2021 edition of Best Lawyers, two RPWB attorneys were honored as lawyers of the year in Charleston, SC.

Elizabeth Middleton Burke honored for her work on product liability litigation. Burke is one of the leaders in the national product liability litigation against 3M for manufacturing faulty earplugs for service members.

Thomas Rogers received the distinction for his work on medical malpractice cases

RPWB’s Best Lawyers

Jena L. Borden

  • Mass Tort Litigation / Class Actions – Plaintiffs

Michael J. Brickman

  • Litigation – Securities
  • Mass Tort Litigation / Class Actions – Plaintiffs

Nina Fields Britt

  • Mass Tort Litigation / Class Actions – Plaintiffs

Elizabeth M. Burke

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

J. David Butler

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Jerry Hudson Evans

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Gregory A. Lofstead

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Christiaan Marcum

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Kimberly Keevers Palmer

  • Mass Tort Litigation / Class Actions – Plaintiffs

Charles W. Patrick, Jr.

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Thomas D. Rogers

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

A. Hoyt Rowell III

  • Health Care Law
  • Mass Tort Litigation / Class Actions – Plaintiffs

T. Christopher Tuck

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Edward J. Westbrook

  • Mass Tort Litigation / Class Actions – Plaintiffs

Kenneth J. Wilson

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Robert S. Wood

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

RPWB’s ‘Ones to Watch’

D. Charles Dukes

  • Antitrust Law
  • Commercial Litigation

Matthew A. Nickles

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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The Role of The Whistleblower: A Look at Qui Tam Litigation

By Chuck Dukes

Qui tam litigation allows private citizens, like you, to join in the battle against government fraud. Every year, many of our public institutions—from the military to Medicare—are plagued by fraud. Astonishingly, it’s estimated that nearly 10% of all federal spending, or $350–$400B per year, is lost due to fraud.

And by and large, qui tam litigation has proven to be the most effective weapon there is to fight against government fraud. DOJ statistics show that from 1986–2017, more than 70% of the federal government’s total recovery for fraud has come through qui tam litigation, which led to over $40 billion being restored to the federal treasury.

QUI TAM LITIGATION UNDER THE FALSE CLAIMS ACT

Practically speaking, qui tam litigation is the procedure through which a private individual, commonly known as a “whistleblower,” files a lawsuit on behalf of the government to recover public funds. If the lawsuit is successful, the whistleblower is entitled to a share of the recovery.

Modern qui tam practice began in 1863 when Congress enacted the False Claims Act (“FCA”) in response to rampant fraud being committed against the government during the Civil War.  The FCA prohibits anyone from knowingly committing fraud against the United States through the submission of false or fraudulent claims. Importantly, the FCA also includes qui tam provisions that allow private citizens to file suit on behalf of the United States to recover public funds. These whistleblowers, or “relators” as they are referred to under the statute, are individuals who have witnessed or have personal knowledge of fraud being committed against the government.

COMMON TYPES OF GOVERNMENT FRAUD

Today, most qui tam cases are filed against healthcare providers, financial institutions, or defense contractors for submitting false or fraudulent claims to the government for reimbursement. Qui tam cases involving healthcare fraud are the most common, and usually provide a majority of the government’s annual recovery under the FCA. These cases restore billions of dollars to our Medicare, Medicaid, and TRICARE programs every year, and save those programs billions more by deterring others from committing similar frauds.

Fraudulent billing schemes are most prevalent in the medical industry and typically involve doctors, hospitals, or laboratories that (1) bill for medical services that were never performed, (2) bill for services that were not medically necessary, or (3) upcode for medical services or equipment. These schemes are typically uncovered by doctors, nurses, accountants, administrators, or billing specialists who have first-hand knowledge of the fraud and may have been reprimanded, or even fired, for trying to expose it.

Lately, a surge of qui tam cases have also been filed for violations of the Stark Act and/or Anti-Kickback Statute, laws that generally prohibit doctors from receiving kickbacks for referring Medicare or Medicaid patients to other healthcare providers. These cases are typically filed by physicians who have rejected similar financial arrangements, nurses who become aware of the referral scheme, or by healthcare administrators with access to physician compensation matters who, during the course of their work, discover an illegal arrangement.

HOW WHISTLEBLOWERS ARE COMPENSATED

More often than not, qui tam cases involve hundreds or even thousands of false claims, so awards can be substantial. Defendants who are found liable for violations of the FCA face treble damages; civil penalties ranging from $10,957 to $21,916 per false claim; the government’s litigation costs; and the whistleblower’s expenses, attorneys’ fees, and costs.  

For their efforts in exposing government fraud, whistleblowers are entitled to 10–30% of the government’s total recovery in the case. If the government has intervened, the whistleblower’s share is 15–25% of the total recovery. If the government has not intervened, that share can climb to 25–30%. In 2017, the average share was over a million dollars, with more than $390 million being awarded to whistleblowers collectively. Since 1986, whistleblowers have been awarded over $6 billion for their help in rooting out government fraud.

But invariably qui tam cases involve complex issues, are fiercely contested by deep-pocketed defendants, and require extensive discovery and costly expert testimony to prove. So if you have witnessed government fraud at work and are considering a qui tam case, be sure to contact a law firm like RPWB that has the knowledge, experience, and financial resources that qui tam litigation demands.

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