How can you Blow the Whistle and file a Qui Tam Lawsuit?
In order to bring most qui tam or whistleblower lawsuits under the law you must use private counsel. While there are some matters you can bring without a qui tam attorney, federal False Claims Act (FCA) and/or various whistleblower state laws concerning the reporting of fraud in healthcare programs like Medicare, Medicaid and/or state law health care programs generally require a whistleblower lawyer to be involved. Based on the False Claims Act and other statutes your lawsuit may be viewed as a public good and as a reward you may be eligible for roughly 15–30% of the amount the government recovers, but that will be based on a variety of factors, such as the extent of the involvement, quality of the information, and the length of time the fraud occurred without you reporting it. Further, the First to File rule means the first person to blow the whistle may be entitled to an award, but even if you’re a day late you are not entitled to anything. Before you proceed with a lawsuit, you should be aware of a few things.
1) FOCUS on what the
As any whistleblower law firm will tell you, the Department of Justice (DOJ) looks to corroborate your allegations and will consider who else can support your allegations. If there are witnesses, at some point you may share their contact information with the government. However, by contacting them yourself you run the risk of turning them into Medicare whistleblowers. If they file first, your lawsuit can be barred by False Claims Act’s “first to file” provision.
3) Try to
the EXTENT of the False Claims
5) Seek the
ADVICE of a Qui Tam Lawyer
Sometimes the Medicare fraud is so rampant that the industry treats the fraud as the norm. For example, a medical facility may consistently upcode a procedure and lead you to believe that is the acceptable industry practice. It is not! In our experience, the median medical fraud whistleblower needs to have an epiphany or show a more acute awareness towards the law and is better
educated than the average person on the street. Despite higher-than-average education, Medicare whistleblowers need to tread down this path cautiously. Extensive personal research and a reliable Medicare whistleblower law firm can help here.
Any leading whistleblower law firm tackling the tens of billions of dollars stolen from the
FThe Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b) (the “AKS”), prohibits the payment of kickbacks in any
The False Claim Act, also referred to as the “Lincoln Law,” is a very well-known
The Small Business Administration (“SBA”) recently announced that it has identified over $80 billion in
The Health Insurance Portability and Accountability Act, commonly known as HIPAA, is intended to protect
100 Million Dollar Settlement Fund for Women Injured by a New Birth Control Product
Jason T. Brown was the first attorney in the country to file a battery of cases on behalf of women who sustained blood clots, such as deep vein thrombosis, pulmonary embolisms, strokes and death from a new Birth control Product. Jason T. Brown’s prior firm was on the PSC (Plaintiff Steering Committee) and served as liaison counsel in the state mass tort action. The firm is no longer accepting new cases.
Tens of Millions in Settlements for Mass Tort Injuries and Class Actions
$7 Million Plus Settlement for Consumer Fraud
$7 Million Dollar Commercial Litigation Settlement
Millions in Settlements for Women Injured by New Generation Hormonal Product
Women who sustained blood clots from a new Generation Hormonal Product received and continue to receive compensation for their injuries. Compensable injuries include Pulmonary Embolisms (PE), Deep-Vein Thrombosis (DVT), Strokes and Death. The firm is still investigating and accepting cases.
Nationwide $3.5 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of at home call center workers who were not paid for all their time worked including boot up time, technical time and other time. Workers were told by the company that boot up time which lasted 15 minutes or more was not paid because it was considered their commute to work. Fair Labor Standards Act (FLSA).
$3.2 Million Settlement for Wage & Hour Class Action Case
Case brought on behalf of workers who were misclassified as salaried exempt from overtime. The employer led employees to believe that they had to work unlimited hours over 40 without overtime compensation even though based on their job duties it was alleged they were entitled to overtime pay.
$2.4 Million Dollar Settlement for Wage & Hour Class Action
Lawsuit was brought as a class action on behalf of workers who worked in excess of 40 hours a week and were not paid overtime. The employer was forcing them to work “off the clock” for those hours and failed to pay proper overtime compensation.
$2 Million Dollar Settlement for False Claims Act (Whistleblower Case)
“$2 Million Dollar False Claims Act (FCA) Settlement – Unnecessary Services”
A case against GenomeDx was brought alleging violations of the False Claims Act (FCA) and the California Insurance Claims Fraud Prevention Act regarding unnecessary services such as the testing of tissues that did not need to be tested. The case resulted in a $350,000 whistleblower award.
$2 Million Dollar Settlement for Truck Accident Victim
Our firm was Of Counsel to a serious truck accident case involving a trucking accident with multiple injuries.
Nationwide $1.3 Million Judgment against Future Income Payments and Scott Kohn for Consumer Fraud
Scott Kohn and Future Income Payments conspired to defraud veterans out of their hard earned pensions by offering them loans at loanshark rates and claiming it was a “purchase” not a loan.
$1.7 Million Dollar Settlement for Wage & Hour Case
Misclassified employees under the FLSA were not paid overtime for hours worked in excess of 40. Due to a confidentiality agreement specific details are intentionally omitted.
Judgment with Maximum Damages for Employment Litigation
Judgment for misclassification under the FLSA including maximum damages under State and Federal Laws, plus an incentive fee for the lead plaintiff with attorney fees paid separately. The case involved a worker who was paid a day rate regardless of the amount of hours worked per day and per week.
Class Action Jury Trial
Workers alleged that they were misclassified according to their job duties. The Defendant claimed an administrative exemption under the FLSA and state law. Misclassification cases under the FLSA are the cases most often tried due to non-monetary considerations. Jury Trial lasted three weeks. Settlement offered in lieu of appeal.
Acquittal at Trial
Despite videotaped evidence that the prosecutor alleged incriminated the defendant, Mr. Brown was able to obtain an acquittal at trial for his client. Please note, that while we, the Brown, LLC will provide consultations in defense matters, the firm spends most of its time litigating complex litigation such as class actions, mass torts and catastrophic injuries.
Judgment with Maximum Damages for Wage & Hour Dispute
Wage & Hour dispute on behalf of hourly employees who were not paid time and a half for hours in excess of 40. Employees were granted double damages for all their time with attorney fees and costs paid separately.
Million Dollar Settlement for Wage & Hour Class Action Case
Workers were compelled to come into work 15 minutes early to set up, but were not paid for their set up time. Gap issues aside, workers received double damages for the time worked for 3 years’ worth of pay with attorney fees paid separately.
This is a non-exhaustive list of prior results and successes of Jason T. Brown and the Brown, LLC. Past results do not guarantee a similar outcome.
For more information about each award see Awards & Accolades – All cases involve Jason T. Brown and/ or Brown, LLC
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Results may vary depending on your particular facts and legal circumstances.