martin flanagan fresenius
(McManus, Caetlin) (Entered: 11/02/2021), Docket(#9) ELECTRONIC NOTICE of Case Reassignment. 3729(a)(1)(A) (Count 1); making or using false records material to a false or fraudulent claim in violation of the False Claims Act, 31 U.S.C. for money or property presented to an officer, employee, or agent of the United States. It includes a blank example of such a form as Exhibit A. (g), I respectfully disagree with that interpretation. As to Medicaid, the complaint alleges in general terms that state administrators of the program obtain reimbursement from the federal government by submitting a quarterly Form 64 to the Centers for Medicare and Medicaid Services at Department of Health and Human Services. Sandra Martin Work Experience and Education. By law, all outpatient dialysis clinics must have a qualified medical director to be responsible for the delivery of patient care and outcomes in the facility. 42 C.F.R. Martin Flanagan and United States of America: Defendant: FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North CKD Project v. FMCNA, No. (Id. (Id. Quick View. It identifies specific hospitals, doctors, and medical practices that have allegedly benefited financially from the scheme. Martin Flanagan is a Director, National of Acute Dialysis Services at Fresenius Medical Care North America based in Waltham, Massachusetts. The first issue is whether relator complied with the requirements of the False Claims Act to notify the government of his claims prior to filing suit. L. No. Res., 162 F.3d 195, 200 (2d Cir. 353, 357 (Balboa); id. United States v. Cyberonics, Inc., 844 F.3d 26, 31 (1st Cir. Roughly 90% of all dialysis patients undergo hemodialysis at a dialysis clinic three times per week. See Id. 30-31). It appears, therefore, that the government may have suffered little or no actual financial loss. 154). But nowhere does the complaint identify a specific physician who made a specific referral as a result of a specific unlawful practice that resulted in a specific false claim. 167-307). To survive a motion to dismiss, the complaint must state a claim that is plausible on its face. 29 at 10); (2) compensation is negotiated individually [based on] local factors . We believe that the compensation of our medical directors is in line with the market (Id. There is no contention that any dialysis services performed were medically unnecessary or excessive, or that those services were performed in a substandard manner. Save US$2.12. Paperback. 2013) (Duxbury II) (internal quotation marks and citations omitted). (Id. 2016). Previously, Kelly was a Quality Assurance Analyst at S Read More Contact Kelly Flanagan's Phone Number and Email Last Update 3/15/2023 6:18 PM Email k***@fresenius-kabi.com Engage via Email Contact Number (708) ***-**** Engage via In United States ex rel. He is also a trustee and vice-Chair of the Inv Martin Flanagan's Phone Number and Email Last Update 4/3/2023 2:19 PM Contact Number (***) ***-**** Engage via Phone Mobile Number (***) ***-**** Engage via Mobile Test Drive #57) filed by Appellant Martin Flanagan. See 31 U.S.C. The complaint further alleges that FMCNA provided free or below-cost services to physicians to secure referrals. To survive a motion to dismiss, a complaint alleging fraud must state with particularity the circumstances constituting fraud. Fed.R.Civ.P. they [therefore] violated the FCA's filing and service requirements. Wilson, 750 F.3d at 120. 28, 38-40, 60-65). Complicating matters further is the nature of the alleged false claims. 39). 181). The objective of the essential facts test is to determine whether the statutorily required threshold for notifying the government of the fraud alleged in the later-filed suit has been met. 23641 (Balboa Nephrology Medical Group in California); id. (Am. Kelly v. Novartis Pharm. . His last title was Director of Acute Market Development for the Fresenius Western Business Unit. . To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Rather, the complaint must allege both the existence of a scheme and the making of particular false claims resulting from the scheme. The qui tam action at issue was United States ex rel. 2016). (Attachments: #1 Affidavit Certificate of Noah M. Rich in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), Docket(#16) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Jamie Bennett. First, defendant contends that the salaries paid to all of its medical directors is a matter of public record and is available on the website of the Center for Medicare and Medicaid Services (CMS). First, it alleges that FMCNA offered remuneration to hospitals in two ways: by entering into contracts that provided no-cost and/or below-cost inpatient dialysis services, and by providing significant free services, including free dischargeplanning services, free in-service training to staff, free training to patients, and free quality assessment and improvement data analysis to hospitals. June 16, 2011). 22-1305 | 2022-04-25, U.S. Courts Of Appeals | Other | The Court takes judicial notice of the proffered SEC filings as undisputed documents provided by the parties in connection with a Rule 12(b)(6) motion based on the public-disclosure bar. The U.S. Justice Department said on Tuesday it joined a whistle-blower lawsuit against Fresenius Medical Care AG, the world's biggest dialysis care company, on claims that it defrauded Medicare. Learn more about the survey. Finally, the complaint alleges that medical directors were required to sign agreements containing non-competition provisions in order to preclude any medical director and those in the same practice group from engaging in any remunerative relationship with another dialysis company. No published case in the First Circuit, however, has ever gone so far. Flanagan filed the original complaint on March 6, 2014, alleging presentation of false claims in violation of the False Claims Act, 31 U.S.C. WebA division of Fresenius Medical Care North America, Azura Vascular Care partners with dedicated, highly skilled physicians and surgeons, providing opportunities for practice A more recent docket listing WebFlanagan v. Fresenius Medical Care Holdings, Inc. - Docket Entries . 4.9 out of 5 from 219 Patient Satisfaction Ratings. v. Balfour Beatty Infrastructure, Inc., 2014 WL 2611312, at *2 (N.D. Cal. 494.150; Am. Essentially, that version of the complaint alleged that FMCNA's efforts to incentivize referrals to its clinics violated the Anti-Kickback Statute, 42 U.S.C. Co., Ltd., 842 F.3d 125, 130 (1st Cir. 17). 304 (Washington state) (All such claims . (Id. Fourth, it alleges that FMCNA entered into favorable leases with medical directors that paid them above-market rates. (Id. Suppose, for example, that in a world free from kickbacks, 25% of the dialysis services business of FMCNA would have been captured by competitors. D. Pleading Fraud with Particularity under Rule 9(b). ESRD expenditures by Medicare exceed $40 billion annually. . Because the complaint does not state allegations of fraud under the FCA with the particularity required by Rule 9(b), the conspiracy claim under the FCA must fail as well. Mo. See U.S. ex rel. v. Fresenius Medical Care [$6,000,000.00] Gonzales et al. (Danieli, Chris) (Entered: 11/02/2021), (#8) Judge Douglas P. Woodlock: ELECTRONIC ORDER FOR TRANSFER entered. Appearance form, Docketing Statement, and Transcript Report/Order form due 04/19/2023. Rule 9(b) may be satisfied where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA. U.S. ex rel. Although the budgetary spreadsheets were reviewed and approved by mid-level and upper management, the complaint alleges that the decision to run hospital programs at a loss was made by corporate management. Physicians who wanted to terminate the non-competition agreements were forced to negotiate onerous buyouts. There is no checklist of mandatory requirements that each allegation in a complaint must meet to satisfy Rule 9(b). Hagerty ex rel. He was employed by Fresenius for 29 years. Email. The remaining six paragraphs describing the alleged scheme consisted of an introductory paragraph (Compl. Lutz v. United States, 853 F.3d 131, 135 (4th Cir. F. DENNIS SAYLOR IV, CHIEF JUDGE, UNITED STATES DISTRICT COURT, MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS. We remand for further proceedings. Mar 17, 2023 11:00am. 249 (NANI) (All . Ex. les 5 doigts de la main gestion de classe; is the armed forces vacation club legitimate; biggest drug bust in the world guyana; martin flanagan fresenius. (McManus, Caetlin) (Entered: 11/22/2021), (#15) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #13 Motion for Leave to Appear Pro Hac Vice Added W. Scott Simmer. The government had an opportunity to intervene if it chose, and elected not to do so. 3729(a)(1)(A), (a)(1)(B). Those arguments, however, are unavailing. (Attachments: #1 Affidavit Certificate of Noah M. Rich in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#16) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Jamie Bennett. The first-to-file bar provides that [w]hen a person brings an action . (CKD Compl. (Id. See East Bay Mun. (Attachments: #1 Affidavit Certificate of Jamie Bennett in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#13) MOTION for Leave to Appear Pro Hac Vice for admission of W Scott Simmer Filing fee: $ 100, receipt number AMADC-9065559 by Martin Flanagan. (Id. At most, relator merely adds detail or color to previously disclosed elements of an alleged scheme [which] is not materially adding to the public disclosures. United States ex rel. In addition to Medicare and Medicaid, CHAMPUS/TRICARE, which is administered by the United States Department of Defense, provides ESRD benefits to health-care programs for individuals and dependents affiliated with the armed forces and to covered beneficiaries. Fresenius Medical Care Holdings, Inc., 1:14-cv-00665 Brought to you by the RECAP Initiative and Free Law Project, a non-profit dedicated to creating high quality (Id. Karvelas v. Melrose-Wakefield Hosp., 360 F.3d 220, 233 (1st Cir. Id. The portions of the claims based on those allegations will therefore be dismissed for failing to comply with the FCA's pre-suit requirements. It employs more than 40,000 employees and treats nearly 190,000 patients at approximately 2,400 outpatient clinics in the United States, including 39 in Massachusetts. 270-84 (ENA and other practices in North Carolina); id. 40.1(i) and with the approval of the Chief Judge hereby return the case for reassignment by the Clerk through the random draw appropriate for this case, under which all eligible judges -including me - will be eligible for proper assignment according to the luck of the draw. 176). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. 1:2014cv00665 - Document 72 (D. Md. The complaint does not allege, even in general terms, how claims are submitted under the CHAMPUS/TRICARE or CHAMPVA programs. (McManus, Caetlin) (Entered: 11/22/2021), Docket(#14) MOTION for Leave to Appear Pro Hac Vice for admission of Jamie Bennett Filing fee: $ 100, receipt number AMADC-9065597 by Martin Flanagan. Wilson v. Bristol-Myers Squibb, Inc., 750 F.3d 111 (1st Cir. Again, those claims will be dismissed on other grounds; however, even if those claims survived those challenges, they are duplicative of the allegations in CKD and therefore would be barred by the first-to-file rule. at *3 (collecting cases). Third, it alleges that FMCNA provided physicians free or below-cost practice-management services. FMCNA also established the Bridge Program, allegedly to help hospitals save money by streamlining the process for patient discharge from the hospital and admission to a chronic facility for dialysis. (Id. Second, defendant contends that a complaint alleging medical-director fraud filed in Missouri in 2005 against two different companies-both of which were later acquired by FMCNA-qualified as a public disclosure barring the current allegations. 28). See Wilson, 2011 WL 2462469, at *7. These arrangements allegedly also used long-term non-competition covenants to lock in patient referrals for the centers; non-fair market value space leases for dialysis centers where there was a landlord physician referral source; and. 1). Want to Read. 40.1(i) and with the approval of the Chief Judge hereby return the case for reassignment by the Clerk through the random draw appropriate for this case, under which all eligible judges -including me - will be eligible for proper assignment according to the luck of the draw. 29). 142-43). Defendant contends that the 2014 CKD complaint alleged the same fraudulent scheme concerning joint-venture agreements as the amended complaint here, which was filed seven years later. 15). has voluntarily disclosed to the Government the information on which allegations or transactions in a claim are based, or (2) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions . 31 U.S.C. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. To begin, it appears-although the complaint is ambiguous at times-that the Medicare claims at issue were submitted to the federal government by FMCNA itself, and that the Medicaid claims were submitted by various state government agencies based on claims that FMCNA submitted to those agencies.As to the Medicare claims, therefore, the complaint must be evaluated according to the ordinary standard applicable in False Claims Act cases, not the more flexible standard applicable where the defendant allegedly caused a third party to submit false claims. A subscription to PACER is required. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. US$184.67 US$190.00. Journal of Intensive Care Medicine 2011 26: 4, 237-249 Download Citation. by. 3729 et seq., by a company that provides dialysis services to patients with kidney failure. MEMORANDUM AND ORDER: This case was erroneously assigned to my docket as a result of a failure by docketing personnel in the Clerks Office to recognize that it is not related to the MDL proceeding assigned to me. 1320a-7b, states that whoever knowingly and willfully offers or pays any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person . And it means that relator stands to reap a reward of 15%-30% of any recovery-an amount that might well be measured in tens of billions of dollars. To do so, the complaint must both allege the existence of a scheme to defraud and identify particularized false claims. The proposed amendments in that case were completely new allegations from a new qui tam plaintiff. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Previously, Martin was a Direct or, Acute Maket Development Wbd at Fresenius Medical Care North America. Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. The SEC filings at issue state that (1) at most of our clinics, a relatively small number of physicians account for the referral of all or a significant portion of the patient base, (Def. 19). 170. This action is taken to insure the parties receive timely notice of the properly assigned presiding judge and is without prejudice to consideration by the Court as a whole whether Local Rule 40.1 should be amended in some fashion to eliminate any further misunderstanding by the Clerks Office. 2005)). 25). Defendant further contends that the original complaint did not contain any allegations concerning medical-director agreements, and that all claims based on such agreements should likewise be dismissed. The public-disclosure bar seeks to prevent parasitic qui tam actions in which relators, rather than bringing to light independently discovered information of fraud, simply feed off of previous disclosures of public fraud. United States ex rel. Rather than spend time at this point disputing and, if necessary clarifying rule language, however, I have simply consulted with the Chief Judge and under L.R. Use the links below to access additional information about this case on the US Court's PACER system. 247-48). . Accordingly, the public-disclosure bar does not preclude the claims concerning unlawful medical-director agreements. United States v. Takeda Pharm. See Ge, 737 F.3d at 124 (stating that the court reject[s][the] approach sought by the relator, which was a per se rule that if sufficient allegations of misconduct are made, it necessarily follows that false claims and/or material false information were filed). plaintiff the benefit of all reasonable inferences therefrom. Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1, 5 (1st Cir. Thus, the statute now defines original source as an individual who. WebView the profiles of people named Martin Flanagan. The qui tam provisions of the FCA permit relators, in some instances, to reap huge financial windfalls. Stevens v. Vermont Agency of Nat. Fifth, it alleges that FMCNA entered into favorable joint-venture agreements (JVAs) with physician groups to induce them to make referrals. Duxbury v. Ortho Biotech Prods., L.P., 719 F.3d 31, 33 (1st Cir. Internal spreadsheets from the Western Business Unit show that FMCNA recorded losses on its contracts with hospitals, often in excess of the budgeted losses. facetime call on chromebook; 1320a-7b(b)(2). It then alleges: The complaint does not, however, identify a single specific false claim submitted in connection with any of those dialysis centers. A claim is any request or demand . no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. 31 U.S.C. 38). Third, defendant contends that relevant public disclosures occurred in multiple SEC filings by FMCNA.
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