Skip to content
  • Attorneys
  • About Us
    • Reputation
    • History
    • Diversity & Inclusion
    • Pro Bono
  • Legal Services
    • Civil Litigation
      • Alternative Dispute Resolution
      • Appellate
      • Class Actions
      • Complex Business Litigation
      • Employment
      • Entertainment
      • Fraud, Qui Tam, Civil RICO
      • Health Care Litigation
      • Intellectual Property
      • Lawyers and Law Firms
      • Municipalities and Government Entities
      • Real Estate
      • Securities Litigation
    • White Collar Defense & Investigations
      • Business and Financial Crimes
      • Environmental and OSHA Crimes
      • Health Care Fraud and Regulatory Enforcement
      • Internal Investigations
      • Securities Fraud and Insider Trading
  • News & Insights
  • Contact

We use cookies to improve your website experience and provide additional security. By continuing to use this website, you agree to the use of cookies. For more information, please see our Cookie Policy.

Daily Journal Awards Bird Marella with Top Defense Verdict of 2022 - More
Bird Marella Bird Marella
Menu
  • Attorneys
  • About Us
    • Reputation
    • History
    • Diversity & Inclusion
    • Pro Bono
  • Legal Services
    • Civil Litigation
      • Alternative Dispute Resolution
      • Appellate
      • Class Actions
      • Complex Business Litigation
      • Employment
      • Entertainment
      • Fraud, Qui Tam, Civil RICO
      • Health Care Litigation
      • Intellectual Property
      • Lawyers and Law Firms
      • Municipalities and Government Entities
      • Real Estate
      • Securities Litigation
    • White Collar Defense & Investigations
      • Business and Financial Crimes
      • Environmental and OSHA Crimes
      • Health Care Fraud and Regulatory Enforcement
      • Internal Investigations
      • Securities Fraud and Insider Trading
  • News & Insights
  • Contact
Hero background

Bird Marella Successfully Defends Global Nonprofit Healthcare Provider in High-Profile False Claims Act Lawsuit

August 17, 2016
Download
Copied to clipboard! twitter linkedin email
Explore
Explore
  • Reputation
  • Diversity & Inclusion
  • Pro Bono

Home Arrow right News & Insights Arrow right Bird Marella Successfully Defends Global Nonprofit Healthcare Provider in High-Profile False Claims Act Lawsuit

Wednesday, August 17, 2016

Bird Marella attorneys Paul Chan and Marc Masters successfully defended a global nonprofit provider of AIDS/HIV healthcare, prevention services, and testing, in a high-profile False Claims Act lawsuit seeking eight-figure damages. The non-profit was sued by three former employee “whistleblowers” in federal court in Miami, Florida. The three plaintiffs/relators alleged that the non-profit had violated certain provisions of the federal anti-kickback laws governing payments for patient referrals. Bird Marella immediately formulated a two-pronged strategy to respond to the relators’ complaint. First, the firm filed a separate complaint, on behalf of the nonprofit, based upon the relators’ theft of protected healthcare information under the Health Insurance Portability and Accountability Act (HIPAA). Second, the firm filed a motion to dismiss the relators’ False Claims Act complaint, based upon their failure to allege with sufficient particularity in the complaint that the non-profit had actually submitted false claims for payment to the government based upon the alleged misconduct (which is a prerequisite under the False Claims Act). At a recent hearing on the parties’ cross-motions to dismiss, the Court denied the relators’ motion to dismiss the non-profit’s HIPAA complaint, and granted the firm’s motion to dismiss virtually all claims in the relators’ complaint, leaving only a narrow category of alleged false claims limited to only two patients, with very modest monetary exposure.

Associated Attorneys

Paul Chan

Paul S. Chan

Principal

Marc Masters

Marc E. Masters

Senior Counsel

View More Associated Attorneys
©2023 Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.
All rights reserved.

Disclaimer

|

Privacy & Cookies
Twitter Linkedin
Rendering