Our client’s False Claims Act case against international dialysis company DaVita, which settled last week for $34.5 million, has been featured in numerous articles. The various press reports highlighted different aspects of this complex antikickback case.
Law360 quoted Whistleblower Partners attorneys Mike Ronickher and Hamsa Mahendranathan on why the kickback law exists, the financial incentives to break the law, and government efforts to stop it:
“Michael Ronickher of the recently launched Whistleblower Partners LLP, told Law360 the alleged anti-kickback violations show how much of a financial incentive there is for companies to ‘cross the line’ …. ‘it's heartening to see the government step in and settle a case, showing that they care about the influence of money on patient choice, even when it's hidden behind pretty complicated relationships.’”
“‘We don't want any financial incentive that influences a provider's decision in how to refer its patients for healthcare services,’ Mahendranathan said. ‘I think that is particularly significant here when these are dialysis patients — some of which are incredibly vulnerable, and they can be all over the country in rural areas where it might be harder to find healthcare — that you really just don't want anything influencing a provider's decision other than the health care considerations.’”
In DaVita’s home state, Colorado Public Radio News described the complex arrangements alleged in the lawsuit, and Hamsa Mahendranathan explained that the government is demonstrating its willingness to go against even these “non-traditional kickback schemes.”
Meanwhile, the Denver Post ran down the lengthy list of FCA settlements that DaVita has paid the government over the years. We’re proud to say that over half of the more than $1 billion paid by DaVita is attributable to cases in which Whistleblower Partners attorneys represented a whistleblower, including this case, our client’s role in a $270 million settlement from 2018 against DaVita HealthCare Partners, aka DaVita Medical Group, and Eric Havian’s work on a $400 million settlement.
The settlement and allegations were also covered by Modern Healthcare, Fierce Healthcare, and Compliance Week.
Whistleblower Partners is a boutique law firm dedicated solely to the representation of whistleblowers under government reward programs. We've represented hundreds of whistleblowers who have helped return billions of dollars to the government. In coming forward to do the right thing, our clients have received hundreds of millions of dollars in whistleblower rewards under the False Claims Act, the SEC Whistleblower Program, the IRS Whistleblower Program, and others. If you would like to speak with a Whistleblower Partners attorney about a potential claim, please contact us for a confidential consultation.
