Martin Flanagan. It identifies specific hospitals, doctors, and medical practices that have allegedly benefited financially from the scheme. . . Previously, Martin was a Senior Na tional Account Manager at QuickSTAT. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. However, even assuming compliance with those requirements, the claims concerning joint-venture agreements would be barred in any event. . As to Diablo Nephrology, the complaint alleges the following: As to Balboa Nephrology Medical Group, it alleges the following: As to NANI, the complaint provides a table of Medicare and Medicaid revenue for a period of five years at seventeen dialysis centers in the Chicago area. (Id. Flanagan v. Fresenius Medical Care Holdings, Inc. Gagne v. City of Worcester, 565 F.3d 40, 45 (1st Cir. Web1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. Compl. 1:2014cv00665 - Document 72 (D. Md. 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. By contrast, here the statements in defendant's securities filings concerning medical-director agreements do not even convey the possibility that those agreements might violate the law. Nor is there any contention that any dialysis services that were paid by Medicare in fact should have been paid by a private payor. Here, the original complaint was 22 pages long and contained 54 numbered paragraphs. The second issue is whether the public-disclosure bar of the statute precludes all or any of the claims-that is, whether relator is filing suit concerning matters that had been previously disclosed to the public. 9(b). We remand for further proceedings. Winkelman v. CVS Caremark Corp., 827 F.3d 201, 208 (1st Cir. 2019) (quoting U.S. ex rel. The description of the alleged scheme consisted of 25 paragraphs. 249 (NANI) (All . Martin Flanagan. It then alleges: The complaint does not, however, identify a single specific false claim submitted in connection with any of those dialysis centers. CKD Project, LLC v. Fresenius Med. (Id. 97-106). Defendant further contends that the CIA it had entered into with the OIG relating to conduct of a company FMCNA later acquired (National Medical Care) qualified as a public disclosure. However, the First Circuit has rejected the holding in Poteet, explaining that earlier-filed complaints must provide only the essential facts to give the government sufficient notice to initiate an investigation into allegedly fraudulent practices and emphasizing that Section 3730(b)(5) contains no exceptions. United States ex rel. Care Holdings, Inc., 551 F.Supp.3d 27, 43 (E.D.N.Y. WebA division of Fresenius Medical Care North America, Azura Vascular Care partners with dedicated, highly skilled physicians and surgeons, providing opportunities for practice Beginning in approximately 2007, FMCNA allegedly realized that the company's organic growth (that is, growth from adding new patients and not through acquisitions) was almost nonexistent. (Id. There is no checklist of mandatory requirements that each allegation in a complaint must meet to satisfy Rule 9(b). Hagerty ex rel. Fresenius Medical Care North America, Waltham, MA, USA See all articles by this author. FMCNA generated reports to track which medical directors and their practice groups referred patients to outside clinics and the reasons why. 11). US$20.14. 9(b). 273). Defendant contends that the allegations concerning the compensation of medical directors were publicly disclosed prior to the filing of the complaint. Chronic kidney disease refers to the progressive loss of a person's kidney function, which is normally irreversible. The complaint alleges that FMCNA violated the Anti-Kickback Statute (AKS) and caused the submission of false claims for payment to Medicare, Medicaid, and other government health-care payors. The complaint further alleges that FMCNA paid its medical directors far above fair market value. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. 3730(c)(3). 45-49). (Entered: 10/05/2021), Docket(#1) ELECTRONIC NOTICE of Case Assignment. Physicians who wanted to terminate the non-competition agreements were forced to negotiate onerous buyouts. Complicating matters further is the nature of the alleged false claims. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. A subscription to PACER is required. 93). MARTIN FLANAGAN, Plaintiff-Relator, v. FRESENIUS, Court:United States District Court, D. Massachusetts. Private persons, known as relators, can file civil qui tam actions on behalf of the United States against persons or entities who violate the act. (Id. Martin Dismissal is appropriate if the complaint fails to set forth factual allegations, either direct or inferential, respecting each material element necessary to sustain recovery under some actionable legal theory. Gagliardi v. Sullivan, 513 F.3d 301, 305 (1st Cir. 18). v. Fresenius Medical Care [$6,000,000.00] - San Diego Sexual Harassment Attorneys, Sexual Harassment Lawyers in San Diego, CA. According to the United States Renal Data System, there were approximately 746,557 ESRD patients in the United States at the end of 2017. . may be available from PACER. WebLiked by Martin Flanagan Join now to see all activity Experience National Director of Acute Dialysis Services Liberty Dialysis LLC Jul 2011 - Jun 20121 year Director Acute Maket 12% off. 4.9 out of 5 from 219 Patient Satisfaction Ratings. Learn more about the survey. Instead, it alleges that FMCNA paid kickbacks for referrals on a widespread basis, and that therefore all claims for payment that it submitted to the government were false. According to ZoomInfo records, Sandra Martins professional experience began in 1986. Why is this public record being published online? 232-35 (Diablo Nephrology in California); id. In that role, he was responsible for, among other duties, negotiating contracts under which FMCNA provided dialysis treatment to hospital inpatients. 99-345, 1986 U.S.C.C.A.N. (Id. As to Scripps, it alleges the following: The complaint further alleges, at considerable length, a scheme to pay medical directors compensation above fair market value in order to induce referrals. Defendant correctly contends that the initial complaint did not contain any allegations concerning unlawful joint-venture agreements, or the provision of free services to hospitals, physicians, and patients. (Id. (Id. The complaint describes a culture of doing whatever it takes to enter into hospital contracts to secure patient referrals for Fresenius outpatient dialysis centers. 26). . Flanagan v. Fresenius Medical Care Holdings, Inc. Courts have therefore required relators to abide by those requirements when filing an amended complaint that is not substantially similar to the original complaint. 2009) (Duxbury I). Relator first alleged fraud concerning joint ventures in the amended complaint, which was filed in 2021. (McManus, Caetlin) (Entered: 11/22/2021), (#17) MOTION for Leave to Appear Pro Hac Vice for admission of Noah M. Rich Filing fee: $ 100, receipt number AMADC-9065658 by Martin Flanagan. The allegations in CKD described a scheme whereby FMCNA allegedly paid kickbacks to doctors with whom it had entered into joint-venture agreements. at 999. Winkelman v. CVS Caremark Corp., 827 F.3d 201, 213 (1st Cir. President, National Cardiovascular Partners; President, Spectra Laboratories. As set forth above, the complaint alleges that FMCNA provided dialysis services to hospitals at prices well below cost in order to capture referrals of discharged patients to its dialysis clinics. 256-69 (IMN and other practices in Indiana); id. That is not sufficient, under the case law, to state a false claim with particularity within the meaning of Rule 9(b). 257 (Indiana) (All such claims . Wilson v. Bristol-Myers Squibb, Inc., 2011 WL 2462469, at *6-7 (D. Mass. Stevens v. Vermont Agency of Nat. Martin Flanagan 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. 2014); cf. (Id. FMCNA is a wholly-owned subsidiary of Fresenius Medical Care AG & Co. KGaA, which is located in Bad Homburg, Germany. Id. ESRD expenditures by Medicare exceed $40 billion annually. 331). 2012). Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Co., 827 F.3d 5, 13 (1st Cir. It also contracts with hospitals to provide dialysis services on an outpatient basis. 15). Because he did not present those new claims to the government, that portion of the amended complaint alleging false claims based on that conduct will be dismissed. In 2014, a qui tam action was filed in the Eastern District of New York alleging that on FMCNA acquired controlling interests in dialysis clinics and paid physician owners above market value for their clinics and that this excess constituted payment to induce the doctors to refer patients back to these clinics. U.S. ex rel. (Attachments: #1 Docket Sheet from District of Maryland, #2 Docket Entries 1-30, #3 Docket Entries 31-50, #4 Docket Entries 51-56, #5 Docket Entries 58-74) (Jones, Sherry) Modified on 10/7/2021 to correct docket text. WebDr. 162). . Because the False Claims Act is a statute directed at fraudulent conduct, Rule 9(b) requires both that the circumstances of the alleged fraud and the claims themselves be alleged with particularity. Lawton ex rel. WebMartin Flanagan (Author), Andrew Livingstone (Author), Mike McKenny (Author) Paperback $46.95 $42.25 Hardback $190.00 $171.00 Ebook (PDF) $42.25 $33.80 Ebook (Epub & Mobi) $42.25 $33.80 Quantity In stock $171.00 RRP $190.00 Website price saving $19.00 (10%) Add to basket Add to wishlist This product is usually dispatched within 1 week Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 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. 308-20). 6:22-CV-03192 | 2022-07-28. United States District Court, D. Massachusetts. Bell Atl. June 11, 2014). 11). Currently, Sandra Martin works as a Clinical Application Specialist at Fresenius Medical Care North America. In substance, the complaint alleges the FMCNA created a nationwide scheme to pay unlawful kickbacks for referrals at all of its outpatient dialysis facilities; that all claims submitted for all dialysis services are therefore tainted by kickbacks; and that therefore every claim submitted by FMCNA during the relevant period was false. 23641 (Balboa Nephrology Medical Group in California); id. I understand that the relevant personnel have since received training to avoid such errors in the future. CEO Martin Flanagan still sees a growth opportunity in Chinaand a big risk in Bitcoin. Evidence of an actual false claim is the sine qua non of a False Claims Act violation. Karvelas, 360 F.3d at 225. 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. This is the same scheme with the same methodology as alleged here. It further alleges that defendant is required to submit on an annual basis a Form 265 cost report to Medicare that certifies, among other things, that the services identified in the report (that is, the dialysis services) were provided in compliance with federal law, including the Anti-Kickback Statute. 39). The statute defines original source as an individual who, [1] prior to a public disclosure . 3730(b)(5). 85). 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. 40. 25) and five paragraphs addressing how the scheme resulted in false claims (Id. (McManus, Caetlin) (Entered: 11/22/2021), Docket(#17) MOTION for Leave to Appear Pro Hac Vice for admission of Noah M. Rich Filing fee: $ 100, receipt number AMADC-9065658 by Martin Flanagan. Scott Downing at 312.624.6326 or sdowning@beneschlaw.com, Mark Silberman at 312.212.4952 or msilberman@beneschlaw.com, Juan Morado Jr. at 312.212.4967 or jmorado@beneschlaw.com, Whistleblower Lawsuit Against Fresenius Alleges Unlawful Arrangements with Hospitals and Nephrologists Intended to Induce Dialysis Referrals. As noted, there are no allegations at all concerning the payments of claims under the CHAMPUS/TRICARE or CHAMPVA programs. 238 (Balboa Nephrology Medical Group) (Every claim . These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. There are 100+ professionals named "Martin Flanagan", who use LinkedIn to exchange information, ideas, and opportunities. Martin Flanagan has been a director and President and Chief Executive Officer of Invesco since 2005. may be available from PACER. 353, 357 (Balboa); id.