Part Two of World Online Lawyers with Excellent Practice’s Interview with Pamela Coyle Brecht Released

2023/06/06

Pietragallo partner Pamela Coyle Brecht sat down with World Online Lawyers with Excellent Practice (WOLEP) for their interview series “WOLEP Talks” which features distinguished lawyers from across the globe. This is part two of Ms. Brecht’s interview, with part one available here. In the second installment, Ms. Brecht discusses the Federal False Claims Act abroad, stating the Act is not limited to American citizens or conduct occurring in America. She shares that her process for litigating these cases involves travelling to where the conduct occurred, to gain context for the matter. Later in the discussion, she talks about her success as a woman in health care law, and her passion for using her skillset to face new challenges and help people. She attributes this success to giving 110% to everything she does and having the right mentor, which she strives to be for young lawyers. To read part two of Ms. Brecht’s interview, click here. Read More

Laboratory Fraud: What Was Old is New Again

2023/06/05

Nearly every American has received some type of laboratory testing, many regularly. Lab tests are at the base of the healthcare pyramid. That fact, as well as how easily new tests are brought to consumers, may explain why laboratory fraud persists. Blood testing almost always requires a healthcare provider’s order. The interdependence between the healthcare provider, the testing, and the laboratory has often caused criminal, civil, and compliance problems. This article will discuss the pervasiveness of fraud in the behemoth laboratory industry from the 1990s to the present, as well as the False Claims Act (FCA) jurisprudence developed through the joint efforts of the government and whistleblowers to rein in new and old lab fraud schemes. Due to a series of innovative whistleblower cases, “Operation LabScam” was launched in the 1990s. The U.S. Department of Justice (DOJ) and multiple U.S. Attorney’s Offices throughout the country settled some of the largest laboratory fraud cases at the time. For example, the DOJ entered into settlements with Laboratory Corporation of America Inc. (Labcorp), for $187 million, Damon Clinical Laboratories Inc. for $119 million, and National Health Laboratories for $111 million. One of the largest FCA recoveries in a lab case at the time was United States ex rel. Robert J. Merena v. SmithKline Beecham Corporation resulted in a then-ground-breaking recovery of $325 million.[1] In Operation LabScam, the FCA served as an effective tool for exposing overbilling lab schemes. In the wake of these sizeable recoveries, the U.S. Department of Health & Human Services Office of Inspector General (OIG) issued robust guidance on how labs should interact with healthcare providers in a position to refer patients for testing in 1997 and 1998.[2] Additionally, the industry also published articles and held seminars providing compliance guidance. OIG, the lab industry, and other industry stakeholders believed this well-published compliance framework would curb future laboratory fraud. Read More

Former Burlington County Prosecutor Scott Coffina Joins Pietragallo Gordon Alfano Bosick & Raspanti, LLP

2023/06/05

Scott Coffina has joined Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a partner in the firm’s Government Enforcement, Compliance, & White Collar Litigation, Qui Tam & False Claims Act, and Title IX Practice Groups. Mr. Coffina’s arrival in the Philadelphia Office adds further depth to the firm’s White Collar and Qui Tam & False Claims Act teams and continues Pietragallo’s strong growth in key practices across the firm. In private practice, Mr. Coffina has led and/or conducted numerous internal investigations and defended individuals, corporations and colleges and universities in a wide variety of high stakes matters. He focuses his practice on white collar criminal defense, False Claims Act matters, compliance, political-legal controversies, health care fraud, higher education, and general crisis management. Mr. Coffina most recently spent five years as Burlington County prosecutor, having previously served as an Assistant United States Attorney, senior deputy chief counsel to Governor Chris Christie, associate counsel to President George W. Bush, and staff assistant to President Ronald Reagan.   About Pietragallo Gordon Alfano Bosick & Raspanti, LLP Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

Marc Stephen Raspanti appointed to Law360’s 2023 Health Care Editorial Advisory Board

2023/05/09

Pietragallo partner and founder of the firm’s national Qui Tam & False Claims Act practice group, Marc Stephen Raspanti, has been appointed to sit on Law360’s 2023 Health Care Editorial Advisory Board. The editorial advisory board provides feedback on Law360’s coverage and expert insight on how best to shape future coverage. The board is made up of 13 attorneys each with their own unique and accomplished background in healthcare law. Mr. Raspanti brings his experience as a seasoned litigator and avid writer in the healthcare field to this board. To see the full list of board members, click here. Read More

Part One of World Online Lawyers with Excellent Practice’s Interview with Pamela Coyle Brecht Released

2023/04/21

Pietragallo partner Pamela Coyle Brecht sat down with World Online Lawyers with Excellent Practice (WOLEP) for their interview series “WOLEP Talks” which features distinguished lawyers from across the globe. Ms. Brecht’s interview has been split into two parts, with the latter half yet to be released. In part one, Ms. Brecht shares a few anecdotes from throughout her career, dives into the collaboration necessary in Qui Tam & False Claims Act Litigation, and the realities that whistleblowers face. Ms. Brecht mentions fellow Pietragallo partner and leading voice in Qui Tam & False Claims Act practice, Marc Raspanti throughout her interview. The pair are among a handful of lawyers based in the United States who are a part of WOLEP’s expanding network of international network of lawyers. To read part one of Ms. Brecht’s interview, click here. Read More

Michael Morse to speak at the 33rd Annual National Institute on Health Care Fraud

2023/05/05

Pietragallo partner Michael Morse will be speaking at the American Bar Association’s 33rd Annual National Institute on Health Care Fraud on May 3-5, 2023 in Chicago, IL. Mr. Morse will be speaking on “Enforcement and Private Equity” with fellow speakers Kirk Ogrosky, partner at Goodwin Procter, LLP and Kevin Lownds, Deputy Chief in the Office of Attorney General Andrea Joy Campbell, Medicaid Fraud Division. Their panel will focus on health care fraud enforcement actions against private equity organizations. This two-and-a-half-day event will offer over 13 hours of CLE credit to attendees. Further information and registration can be found here. Read More

Marc Stephen Raspanti to speak at the Federal Bar Association’s “False Claims Act Today”

2023/05/17

Pietragallo partner Marc Stephen Raspanti, seasoned litigator and founder of Pietragallo’s Qui Tam & False Claims Act practice group, will be a speaker for the Federal Bar Association’s “False Claims Act Today” discussion focusing on the Eastern District of Pennsylvania. The event will be held virtually on Wednesday, May 17, 2023 at noon and offers free registration. The panel will feature a Senior Assistant U.S. Attorney for the Eastern District of Pennsylvania, a federal judge, and counsel who will provide both relator and defendant insights on this unique practice area. Interested? Click here for more information. Read More

Pamela Coyle Brecht to speak at Pennsylvania Bar Institute’s 2023 Health Law Institute

2023/03/14

Pietragallo partner Pamela Coyle Brecht will be returning to the Pennsylvania Bar Institute’s 2023 Health Law Institute to speak on the “False Claims Act Update” panel. This two-day seminar will be held in-person at the Pennsylvania Convention Center in Philadelphia on March 14 and 15. Pam will be joined by co-panelists Charlene Fullmer and Zane Memeger as they each discuss their viewpoints on recent decisions. More information can be found here: https://www.pbi.org/Meetings/Meeting.aspx?ID=44147 Read More

Let the Record Reflect, There Are No “Usual Stipulations”

2023/02/23

By The Legal Intelligencer’s The Young Lawyer Editorial Board Let’s set the record straight. There are no “usual stipulations” that apply to depositions. Although some attorneys may share a vague understanding about the usual stipulations, the phrase has no established meaning. In fact, there is no rule, case, or statute that defines the usual stipulations. “Everyone purports to know without asking the content of the ‘usual stipulations’ until a dispute arises; the ephemeral nature of the parties’ understanding is then quite apparent.” See United States v. Liquid Sugars, 158 F.R.D. 466, 473 n.8 (E.D. Cal. 1994). Because the phrase has no accepted meaning, an attorney should respond to a proposal for the usual stipulations by asking, “What do you mean by the usual stipulations?” The question might elicit shock, anger, or some patronizing retort like, “I’m surprised you don’t know what the usual stipulations are.” You may feel tempted to agree to the usual stipulations without any clarification. This is especially true for newer lawyers, who fear that asking for an explanation will reveal their inexperience. But there is no reason to be embarrassed. In all likelihood, the attorney proposing the usual stipulations has no idea what the phrase means. Many attorneys simply mimic what they perceive to be a common practice without questioning whether the practice makes sense. These same attorneys might argue, “I’ve done hundreds of depositions, and no one has ever refused the usual stipulations.” That may be true, but a prevalent practice can still be a flawed practice. Consider these two common versions of the usual stipulations: “reserving all objections until trial or there is an attempt to use the deposition” or “reserving all objections except to the form of a question.” While neither helps the taking attorney, both give the defending attorney a strategic advantage beyond what the rules provide. Read More

$19 Million Settlement In Non-Intervened South Carolina False Claims Act Case Against Laboratory Corporation Of America

2023/02/06

PHILADELPHIA, PA (February 6, 2023) – Two whistleblowers from Florence, South Carolina, Scarlett Lutz and Kayla Webster, have resolved their 10-year qui tam lawsuit against Laboratory Corporation of America, Inc. (“Labcorp”), one of the largest laboratories in the world, for $19 million. The whistleblowers alleged that Labcorp, with the knowledge and approval of its senior executives, had participated in a conspiracy to violate the False Claims Act (“FCA”) by providing blood draws to their healthcare provider customers who were receiving cash kickbacks from Health Diagnostics Laboratories (“HDL”) and/or Singulex, Inc. (“Singulex”) as part of a complex healthcare fraud scheme. Relators and their counsel vigorously pursued these claims after the United States declined to intervene in May 2018 and resolved this matter just as a three-week jury trial was about to begin in early January 2023 before the Honorable Richard M. Gergel in the U.S. District Court for the District of South Carolina in Charleston. Labcorp has denied all allegations in Relators’ Fourth Amended Complaint and has not admitted any liability as part of the executed settlement. The whistleblowers alleged a widespread scheme in which numerous physicians were offered and paid kickbacks by HDL and Singulex to order laboratory tests. According to the whistleblowers’ allegations, the scheme was initiated by HDL’s former CEO, LaTonya Mallory, together with Floyd Calhoun (“Cal”) Dent and Bradford (“Brad”) Johnson, through Dent and Johnson’s marketing company, BlueWave. A Tale of Blood and Money Relators Lutz and Webster alleged that HDL and Singulex had paid referring providers kickbacks disguised as “draw fees” or “process and handling” (“P&H”) fees to induce lucrative referrals for lab testing, and that Labcorp had participated in this conspiracy to violate the FCA by providing blood draw services for kickback-receiving providers in exchange for referrals to Labcorp. Relators alleged that, by drawing the blood samples, Labcorp had conspired to violate the FCA, had caused the submission of false claims by HDL and/or Singulex, and had submitted its own kickback-tainted false claims to federal health care programs. Read More