Boston Injury Lawyer Blog

July 26, 2011

Massachusetts Whistleblower Lawsuits, Hospice Neglect, and Medicare Fraud

According to Bloomberg.com, Robert Rogers is suing his mother’s hospice provider for wrongful death and elder abuse. His 91-year-old mom Thelma Covington died of sepsis infection triggered by poor circulation and gangrene in September 2008. Just 5 days before her death, 11 maggots had to be removed from an open wound in her toe. When Rogers asked the hospice provider to move his mom to a hospital, he was told that it wasn’t their job to “prepare them to live.”

Vitas Healthcare, which is a unit of Chemed Corp. (CHE), is the largest hospice care company in a now $14 billion industry that has come under fire following a number of civil complaints and whistleblower lawsuits alleging fraud, including Medicare fraud and placing profit before patient care. In one whistleblower complaint, a former social worker for Gentiva Health Services Inc. (GTIV) hospices said that it was her job to make patients think that they were dying even though they weren’t. (The accusations are related to alleged incidents that took place before Gentiva took over the chain.) Thinking they no longer had use for medical care and rehabilitative care, these patients would likely have surrendered their right to receive “curative” measures.

Another whistleblower lawsuit that accused another hospice of fraudulently enrolling patients that didn’t need to be there was settled with SouthernCare for $24.7 million. Meantime, the federal government is currently investigating Vitas because of accusations that it has been involved in an “extensive scheme” to defraud Medicaid and Medicare of hundreds of millions of dollars through the doctoring of hospice certifications, falsifying of records, and billing for services that were never rendered.

If you are a hospice worker who would like to report fraud in the industry contact our Massachusetts whistleblower law firm today. Should you choose to turn whistleblower and file a complaint on the government’s behalf, you could end up receiving part of whatever amount is recovered.

Preparing Americans for Death Lets Hospices Neglect End of Life, Bloomberg, July 21, 2011
Concerns About Costs Rise With Hospices’ Use, NY Times, June 27, 2011

Related Web Resources:
Hospice Association of America

Hospice Medicare Fraud, Fraud Guide

Related Web Resources:
Whistleblowers Expose Medicare Fraud in the Hospice Industry, Boston Injury Lawyer, June 28, 2011
Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyer, July 23, 2011
LabCorp Settles for $49.5M Medicaid Fraud Lawsuit Filed by Whistleblower Hunter Laboratories, Boston Injury Lawyer, July 23, 2011 Continue reading

July 23, 2011

Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit

by Altman & Altman

Did you know that pharmaceutical fraud is one of the most common reasons for False Claims Act recoveries? Not only that, but this type of fraud is costing taxpayers millions annually. If you are an employee working in the pharmaceutical industry and you have information about fraud being committed by your employer, you may want to consider filing a Massachusetts pharmaceutical fraud whistleblower lawsuit and file a case on behalf of the federal government.

Some examples of Pharmaceutical Fraud that may be reason for filing a Massachusetts whistleblower lawsuit:

*Pharmaceutical kickbacks – To get doctors to prescribe/push their products, kickbacks may take the form of:

• Financial compensation for clinical studies, speaker fees, “grants,” or “teaching sessions”
• Free drug samples • Lavish accommodations, meals, and entertainment during advisory board meetings and “investigator meetings”
• Data fees to insurance companies for information about their members, discounts, joint business ventures, and rebates • Financial incentives to Group Purchasing Organizations and insurers in exchange for designating a medication as their preferred drug formulary.

*Clinical Trial Fraud – Involves a pharmaceutical company fraudulently manipulating clinical trial data so that a drug is approved by the FDA

*Off-label marketing of drugs for purposes not approved by the Food and Drug Administration
*GMP Fraud– Violations of the Good Manufacturing Practices
*Best Price Fraud
Pharmaceutical companies have had to pay over $4 billion for pharmaceutical fraud cases. As a whistleblower, your qui-tam actions may entitle you to part of the compensation. Contact our Boston Whistleblower Attorneys today.

Related Web Resources:
The False Claims Act legal Center

Fraud and the pharmaceutical industry

More Blog Posts:
LabCorp Settles for $49.5M Medicaid Fraud Lawsuit Filed by Whistleblower Hunter Laboratories, Boston Injury Lawyer Blog, July 22, 2011
Whistleblowers Expose Medicare Fraud in the Hospice Industry, Boston Injury Lawyers Blog, June 28, 2011 Continue reading

July 22, 2011

LabCorp Settles for $49.5M Medicaid Fraud Lawsuit Filed by Whistleblower Hunter Laboratories

by Altman & Altman

Six years after Hunter Laboratories acted as a whistleblower to file a Medicaid Fraud Lawsuit against eight medical testing lab companies for allegedly overcharging California’s Medicaid programs and giving medical kickbacks to doctors in exchange for patient referrals, defendant LabCorp will settle the case for $49.5 million. In California ex rel. Hunter Laboratories v. Quest Diagnostics, et al, the plaintiff claims that the companies made Medi-Cal pay up to six times more for testing services than it should have so that they could subsidize the discounts that were offered to the hospitals, clinics and physicians for referrals. Other defendants named in this whistleblower lawsuit: Seacliff Diagnostics Medical Group, Specialty Laboratories Inc., Taurus West Inc., Physicians Immunodiagnostic Laboratory, Inc., Whitefield Medical Laboratory, Inc., and Unilab Corp.

In its whistleblower complaint, Hunter Laboratories claims that as a result it could not compete against these lower rates-especially as the discount prices that the larger labs offered were significantly below costs. The California testing lab contends that the by using the Medi-Cal program, which is publicly funded, to subsidize their discounts, the defendants were able to gain ownership of the bulk of the market.

Under California law, providers must bill Medi-Cal the lowest rates, while bribes, kickbacks, and rebates for referral services that Medi-Cal pays for is not allowed. According to the California Attorney General’s office, which investigated the Hunter Laboratories’ whistleblower claims, some of the defendants had engaged in Medicaid fraud for over 15 years.

Recently, defendant Quest settled the Medicaid fraud allegations against it for $241 million. To date, this is the largest recovery made under California’s False Claims Act.

Whistleblower Lawsuits
If you believe that you have grounds for filing a Whistleblower lawsuit on behalf of the federal government for fraud committed against it, you should speak with an experienced Massachusetts whistleblower law firm right away. Not only could you end up eliminating fraud committed at taxpayers’ expense, but also you may be able to receive a percentage of the recovery.

LabCorp to pay $49.5M to settle Medicaid fraud suit, Medcity News, July 21, 2011
Read the complaint (PDF)

Quest Diagnostics settles Medi-Cal whistle-blower suit, Los Angeles Times, May 20, 2011

Related Web Resources:
Medi-Cal

Hunter Laboratories

LabCorp
Continue reading

July 19, 2011

12-Year-Old Massachusetts Boy Dies After Collapsing During Holden Soccer Camp

by Altman & Altman

Joshua Thibodeau, 12, died yesterday after he collapsed during soccer camp at Wachusett Regional High School. He was from Holden.

The official cause of Thibodeau’s death is still not known at this time. At the time of his collapse, he was taking part in a “low-speed drill” at the Zalgiris Soccer Camp. Authorities are saying that he didn’t have any known medical conditions.

It is important for those supervising/running athletic activities to make sure that participants are not overworked or become dehydrated or fall ill. In the event that an athlete was to experience problems breathing, injure/sprain a muscle, or start to feel unwell while training or playing a game, it is up to trainers, the coach, and/or medical staff to provide attention and, if necessary, pull him out of practice or the competition so that he/she doesn’t suffer further illness or injury.

July 15, 2011

Defective Medical Device?: Transvaginal Mesh to Treat Pelvic Organ Prolapse May Cause Health Complications, Warns FDA

by Altman & Altman

The Food and Drug Administration has issued an urgent public notice warning health care providers and patients against using transvaginal mesh. This medical device is surgically implanted in women suffering from Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP). Now, however, following reports of 3 deaths and 3800 injuries linked to the surgical mesh in the last five years, the FDA is encouraging the use of other treatments and alternatives.

Our Boston injury lawyers represent victims with Massachusetts defective medical device claims against manufacturers whose products proved defective or dangerous enough to cause serious injury or death. Patients rely on medical devices to do their job, whether it is support sagging organs, keep one’s heart rate at the right pace, or relieve obstructions in the body. When a device fails, serious health complications and even death can result.

Transvaginal Mesh
Last year, about 75,000 women were implanted with the vaginal mesh to repair their POP. However, according to recent studies, approximately 10% of woman inserted with transvaginal mesh experience the device’s erosion within a year of the surgery. More than 50% of women who experience this complication had to undergo another surgery to take the mesh out. In rare occurrences, the mesh has gotten so enmeshed with scar tissue that it couldn’t be taken out. Other possible side effects may include discomfort, painful sexual intercourse, urinary problems, and bleeding.

The FDA will be putting a team together to determine whether the mesh should be banned.

In a recent out of state vaginal mesh lawsuit, one woman is suing American Medical Systems and other manufacturers for products liability. Laura Jones says not only did she experience serious pain and urinary issues after the vaginal sling was inserted in her, but she had to undergo several surgeries before the mesh could be removed. She is alleging breach of warranty, strict liability, fraud, and negligence.

FDA Safety Communication: UPDATE on Serious Complications Associated with Transvaginal Placement of Surgical Mesh for Pelvic Organ Prolapse, US Food and Drug Administration, July 13, 2011
FDA warns against surgical mesh to repair pelvic problems, Boston.com, July 13, 2011

More Blog Posts:
Boston Products Liability: Defective Zimmer NexGen CR-Flex Knee Replacement Devices Can Cause Painful Injuries, Boston Injury Lawyer Blog, June 9, 2011
Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer, January 4, 2011
Boston Medical Malpractice?: CT Brain Perfusion Scans Can Cause Radiation Overdose, Boston Injury Lawyer, July 31 2010 Continue reading

July 14, 2011

Middleborough Woman Sues Tufts Medical Center for Breach of Privacy and Seeks Punitive Damages

by Altman & Altman

Earlier this year, we published a post on our Boston Injury Lawyer Blog letting you know that patients whose medical records have been lost by a hospital have a right to file a Massachusetts breach of privacy complaint seeking damages. Having unauthorized persons obtain access to this information is no laughing matter. Not only do you not want anyone to know about your medical history, but also, there may be other confidential information, such as your social security number and other private data that you wouldn’t want to end up in the wrong hands.

Today, The Boston Globe reported on a Massachusetts hospital negligence complaint accusing Tufts Medical Center and a primary care physician there of breach of privacy. The plaintiff, 44-year-old Middleborough resident Kimberly White, is claiming that the defendants faxed her medical history and other documents without her permission to her workplace.

White says that the mistake happened after she asked Dr. Kimberly Schelling to send a form for her disability claim to her employer. Instead, the hospital sent over four pages of White’s medical records to a shared fax machine at her place of work. She calls the information “extremely embarrassing” and said that coworkers ended up seeing her medical records. White says that this mistake has impacted her career and exacerbated her medical condition. She also says that she is too embarrassed to go back to her work now that there are people there who know this information.

White is seeking punitive damages. Meantime, the hospital maintains that it did nothing wrong and merely complied with White’s request to provide the information.

Breach of Privacy
Sometimes, an administrative error or inadequate procedures allows this type of breach of privacy to happen. In other instances, the mistake might be human. For instance, Massachusetts General Hospital settled for $1 million a federal breach of privacy case over an employee who left the records of 192 infectious deceased patients on the Red Line.

Lawsuit alleges Tufts faxed patient records to workplace without permission, Boston.com, July 14, 2011
MGH Settles For $1M Over Lost HIV/AIDS Records, WBUR, February 25, 2011

Related Web Resources:
Attorney General Martha Coakley, Mass.gov
Tufts Medical Center

More Blog Posts:
Did You Know That If A Massachusetts Hospital Loses Your Medical Records You Have the Right to Sue?, Boston Injury Lawyer Blog, March 8, 2011
$2.6M Worcester, Massachusetts Medical Malpractice Verdict Awarded to Man Who Ended Up with Surgical Tack Inside His Small Bowel, Boston Injury Lawyer Blog, June 23, 2011
Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011 Continue reading

July 11, 2011

Quincy Car Crash Kills One Person, Leaves Two Others With Serious Injuries

by Altman & Altman

Massachusetts drunk driving charges have been filed in a Quincy motor vehicle accident that killed one man and seriously injured two other people early Sunday. The head-on car collision took place at around 12:30am.

According to police, Plymouth resident Anthony Deicicchi was headed south on Quincy Shore Drive when his car swerved into oncoming traffic and struck a 1995 Ford Explorer. The driver of the SUV, a 50-year-old Jamaica Plain man, was later pronounced dead at Boston Medical Center. A 22-year-old man who was riding with him and the 27-year-old Hull man riding with Deicicchi were also transported to the hospital.

Police troopers say that Deicicchi was intoxicated when the Quincy auto accident happened. He faces numerous criminal charges.

There is a good possibility that the family of the man who died in the traffic crash might end up filing a Quincy wrongful death case against Deicicchi and any other parties who may have been responsible for the deadly collision happening. Drunk driving continues to be a leading cause of injuries and deaths on the road and a common reason why someone injured as a result of intoxicated operation of a motor vehicle might decide to sue an inebriated motorist for damages.

A new study by University of California, San Diego researchers reports that although legally a driver who has consumed alcohol is not breaking the law unless his/her BAC is .08% or greater while operating a motor vehicle, having just enough alcohol in the body so that the motorist has a “buzz” can up the chances that he/she will end up in a serious injury accident. For some, this would be a BAC of just point .01% (for many grownups, that’s less than half a beer).

The study examined almost 1.5 million accidents that took place in the US between 1994 and 2008. Buzzed” motorists were found to be among those more likely to speed, not use a seat belt, or hit another auto. The researchers believe that the legal limit for alcohol consumption while driving, which is currently a BAC of .08%, should be reduced.

Man killed, 2 hurt in Quincy crash, Boston.com, July 11, 2011
Drunk Driving: Even a Trace of Alcohol Is Dangerous on the Road, Says Study, ABC News, June 22, 2011

Related Web Resources:
Mothers Against Drunk Driving

More Blog Posts:
Continue reading

July 9, 2011

Most Massachusetts Medical Malpractice Lawsuits Are Dropped by Plaintiffs Prior to Settlement or Verdict

by Altman & Altman

According to a study published in the journal HealthAffairs, plaintiffs abandon the majority of medical malpractice lawsuits before they are resolved in court or with a settlement. The main reasons for this are costs and finding out that a case is not as solid as initially thought. The findings in this report support why it is so important that from the start you are represented by a Boston medical malpractice law firm that understands the nature of what happened and how to prove liability.

The study examined the conclusions of 3,695 Massachusetts medical malpractice claims filed against medical providers between 2006 and 2010:

• 59% of the medical malpractice claims were dropped • 26% percent were settled • 15% were adjudicated

July 7, 2011

Massport Asked to Be Released from Wrongful Death Lawsuit Filed by Family of Man Killed Aboard United Airlines Flight 175 on 9/11

by Altman & Altman

The Massachusetts Port Authority is asking that it be dropped from the wrongful death case filed by Bavis family. Mark Bavis was on United Airlines Flight 175 when terrorists flew it into one of the World Trade Center towers on September 11, 2001.

In their wrongful death case, the Bavis family is claiming that the hijackers were to board the plane undetected negligent security because the screeners at Logan International Airport in Boston were poorly trained and unqualified. Massport has responded with its own filing and claims that it played no part in screening passengers and that it had no “causal connection” to the attacks. The agency says that even if better security could have prevented the planes from being hijacked, passenger screening is the job of the airlines and that they are the ones who subcontract the security companies.

Massport has been dismissed from other 9/11-related wrongful death lawsuits that have named it as a defendant and so far has not had to contribute to any of the settlements paid to families. Lawyers for the Bavis family, however, have continued to argue that the airport does play a part in screening and that Federal Aviation Regulations and United States Federal Aviation Administration had charged Massport with overall security at the Boston international airport.

June 30, 2011

Massachusetts Swimming Pool Accident: Drowned Woman’s Body Was Concealed by “Cloudy” Water for Two Days

by Altman & Altman

According to authorities, the body of Maria Joseph went undetected for two days in a Massachusets public pool even as swimmers continued to use it. It wasn’t until Tuesday evening that teenagers saw her floating body in the Vietnam Veterans Swimming Pool in Fall River.

Joseph, 36, had gone swimming with a family on Sunday. After colliding with her friend’s 9-year-old son as the two of them went down a swimming pool slide, she wasn’t seen again.

CNN says that the pool is 12-feet at its deepest part. A health inspector who looked at the pool on Tuesday reported that its water was “cloudy.” It can sometimes take a couple of days for a decomposing body to rise to the surface.