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PA burn injury attorney

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PA burn injury attorney

A PA burn injury attorney at McEldrew Young has helped burn injury victims recover PA burn injury attorneythrough fighting for justice and their financial restitution. Every year in America there are over a million victims of burn injuries that require some level of medical care. Thousands of these people have to be hospitalized and a percentage of them don’t survive. The cause of these injuries is largely due to reckless and negligent behavior of another person. Here at our law firm, we firmly believe in holding that party accountable for their hand in what happened to you is crucial. 

Burn Injury Accidents

Burns can occur due to car accidents, fires, work injuries, faulty products, and more. Burn injuries in particular can be excruciatingly painful, in which victims may suffer from terrible infections and permanent disfigurement. As a Pennsylvania burn injury attorney has seen before, many victims have to deal with several years of continuous treatment. To correct the damage that a burn injury caused, some victims have to undergo surgery too.

It isn’t uncommon for burn victims to be unable to return to the same job they had before, or cannot work for life due to permanent disabilities. During a consultation, please let us know if you have been unable to return to work as normal due to the burn injuries. At McEldrew Young, we understand how such an accident can change a person’s life forever, and will do what we can to get you what you need to heal physically and recover financially. 

Categories of Burns

When meeting with victims of burn injuries, a burn injury attorney in Pennsylvania may ask about what type of burn their doctor diagnosed them with. We may suggest getting copies of your medical records that pertain to the burn injuries, so we can assess the severity of your condition and how much it may be worth in a lawsuit. These details are important as we help you seek justice, as certain kinds of burns may reap more compensation than others. https://www.mceldrewyoung.com/

Here we have briefly defined the three classifications of burns:

  1. Thermal Burns: caused from a heat source, in which underlying tissue dies due to the rise in skin temperature. Ex: hot liquids, hot metals, flames, and steam. 
  2. Chemical Burns: caused from caustic chemicals. Ex: detergents, alkalies, solvents, or acids coming into contact with eyes or skin. 
  3. Electrical Burns: caused when electrical currents flow through the body. 

Severity of Burns

Mild burns can usually be treated at home with cool water, ice, burn ointments, and bandaging. For those who had to go to the doctor for more advanced care, likely sustained burns that range anywhere from moderate to major burns that covered a substantial surface area. A PA attorney for a burn injury will want to understand the severity of your condition, so we can calculate a more accurate potential monetary award if you file a lawsuit. We can empathize with how agonizing burns can be, so we will factor your pain and suffering into our calculations too if possible. https://www.mceldrewyoung.com/

If you suffered from a burn injury accident, it’s time to take action now. A PA burn injury attorney from McEldrew Young is ready to take your call.

PA burn injury attorney

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PA burn injury attorney

A PA burn injury attorney at McEldrew Young has helped burn injury victims recover PA burn injury attorneythrough fighting for justice and their financial restitution. Every year in America there are over a million victims of burn injuries that require some level of medical care. Thousands of these people have to be hospitalized and a percentage of them don’t survive. The cause of these injuries is largely due to reckless and negligent behavior of another person. Here at our law firm, we firmly believe in holding that party accountable for their hand in what happened to you is crucial. 

Burn Injury Accidents

Burns can occur due to car accidents, fires, work injuries, faulty products, and more. Burn injuries in particular can be excruciatingly painful, in which victims may suffer from terrible infections and permanent disfigurement. As a Pennsylvania burn injury attorney has seen before, many victims have to deal with several years of continuous treatment. To correct the damage that a burn injury caused, some victims have to undergo surgery too.

It isn’t uncommon for burn victims to be unable to return to the same job they had before, or cannot work for life due to permanent disabilities. During a consultation, please let us know if you have been unable to return to work as normal due to the burn injuries. At McEldrew Young, we understand how such an accident can change a person’s life forever, and will do what we can to get you what you need to heal physically and recover financially. 

Categories of Burns

When meeting with victims of burn injuries, a burn injury attorney in Pennsylvania may ask about what type of burn their doctor diagnosed them with. We may suggest getting copies of your medical records that pertain to the burn injuries, so we can assess the severity of your condition and how much it may be worth in a lawsuit. These details are important as we help you seek justice, as certain kinds of burns may reap more compensation than others. https://www.mceldrewyoung.com/

Here we have briefly defined the three classifications of burns:

  1. Thermal Burns: caused from a heat source, in which underlying tissue dies due to the rise in skin temperature. Ex: hot liquids, hot metals, flames, and steam. 
  2. Chemical Burns: caused from caustic chemicals. Ex: detergents, alkalies, solvents, or acids coming into contact with eyes or skin. 
  3. Electrical Burns: caused when electrical currents flow through the body. 

Severity of Burns

Mild burns can usually be treated at home with cool water, ice, burn ointments, and bandaging. For those who had to go to the doctor for more advanced care, likely sustained burns that range anywhere from moderate to major burns that covered a substantial surface area. A PA attorney for a burn injury will want to understand the severity of your condition, so we can calculate a more accurate potential monetary award if you file a lawsuit. We can empathize with how agonizing burns can be, so we will factor your pain and suffering into our calculations too if possible. https://www.mceldrewyoung.com/

If you suffered from a burn injury accident, it’s time to take action now. A PA burn injury attorney from McEldrew Young is ready to take your call.

Sepsis from Amputation Lawyer Philadelphia PA

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Sepsis from Amputation Lawyer Philadelphia PA

As a Philadelphia, Pennsylvania sepsis from amputation lawyer McEldrew Young knows, sepsis is a sometimes-fatal complication of an infection that occurs when chemicals released into a person’s bloodstream to fight the infection trigger inflammatory responses throughout the body. These inflammatory responses can cause a multitude of changes that can damage multiple organ systems. This can lead to organ failure and death.Sepsis from Amputation Lawyer Philadelphia PA

Studies have revealed some frightening statistics about sepsis, including that at least 10 percent of all hospital patients develop sepsis and that it may be responsible for up to half of all hospital deaths that happen every year. Each Philadelphia PA sepsis from amputation lawyer from our firm has extensive experience in representing septic injuries and understand how devastating the results can be. 

One study examined the records of over seven million hospitalized adult patients during a two-year period. Because the majority of medical personnel don’t recognize sepsis symptoms, the research team not only analyzed the records of patients who were diagnosed with sepsis, but also the records of patients who had been diagnosed with both infections and organ failure. Over 150,000 patients were determined to have died from sepsis, however, only 35 to 40 percent were identified as having “explicit” symptoms. Approximately 56 percent of patients were identified as having only “implicit” symptoms.

The study’s authors identified the lack of knowledge that medical staff have about sepsis and urged training and hospital procedure changes in order to help recognize early symptoms and begin treatment before it’s too late. A Philadelphia PA sepsis from amputation lawyer knows that it is this failure of medical professionals to not recognize sepsis symptoms that often lead to such catastrophic consequences for victims. 

If you or someone in your family has been left with illness or injury because of an infection or other medical error suffered while in the hospital, contact a dedicated sepsis from amputation lawyer in Philadelphia PA to find out what compensation you may be entitled to for pain and loss. 

When You Need an Experienced Philadelphia PA Sepsis from Amputation Lawyer 

Filing a medical malpractice lawsuit against a doctor, hospital, or other medical facility can be overwhelming and even a bit intimidating. This is why having a skilled and seasoned sepsis from amputation lawyer Philadelphia PA clients recommend from McEldrew Young representing you can make all the difference. We will work diligently to get you the compensation you may be entitled to.

Our legal team will aggressively advocate for you in obtaining funds for medical expenses, loss of wages, pain and suffering, and emotional anguish. If you have been left with permanent disabilities, you could be entitled to compensation for that, as well as the loss of the ability to enjoy daily activities. Call our office today to set up a free and confidential consultation with a member of our legal team and let us help get you the financial justice you deserve.

DOJ Aggressively Pursues Health Care Fraud in 2019

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In the first half of 2019, the United States Department of Justice (“DOJ”) has shown that it intends to aggressively pursue health care providers who engage in fraudulent schemes to enrich themselves at the expense of their patients and American taxpayers. The DOJ has been especially diligent in its investigation and prosecution of health care providers who receive kickbacks and other improper incentives, as well as those on the other side of the transaction who make the illegal payments.

Recent DOJ Settlements Involving Health Care Providers

A review of the 2019 DOJ press release headlines offers insight into the scope and pervasiveness of illegal practices that some health care providers allegedly engage in:

  • Avanti Hospitals LLC, and Its Owners Agree to Pay $8.1 Million to Settle Allegations of Making Illegal Payments in Exchange for Referrals – January 28, 2019
  • Pathology Laboratory Agrees to Pay $63.5 Million for Providing Illegal Inducements to Referring Physicians – January 30, 2019
  • Covidien to Pay Over $17 Million to The United States for Allegedly Providing Illegal Remuneration in the Form of Practice and Market Development Support to Physicians – March 11, 2019
  • MedStar Health to Pay U.S. $35 Million to Resolve Allegations that it Paid Kickbacks to a Cardiology Group in Exchange for Referrals – March 21, 2019
  • United States Files Lawsuit Against West Virginia Hospital, Its Management Company, and Its CEO Based on Kickbacks and Other Improper Payments to Physicians – March 25, 2019
  • Former CEO of Hospital Chain to Pay $3.46 Million to Resolve False Billing and Kickback Allegations – April 30, 2019
  • Pharmaceutical Company Agrees to Pay $17.5 Million to Resolve Allegations of Kickbacks to Medicare Patients and Physicians – April 30, 2019
  • Rialto Capital Management and Current Owner of Indiana Hospital to Pay $3.6 Million to Resolve False Claims Act Allegations Arising from Kickbacks to Referring Physicians – June 3, 2019

The DOJ’s Arsenal in the Fight Against Health Care Fraud

Three statutes are most often implicated in fraud and abuses cases involving health care providers are the False Claims Act, 31 U.S.C. §§ 3729-3733 (“FCA”); the Anti-Kickback Statute 42 U.S.C. § 1320a-7b(b) (“AKS”); and the Physician Self-Referral Law, 42 U.S.C. § 1395nn (commonly known as the “Stark Law”).

The False Claims Act

The federal False Claims Act, 31 U.S.C. §§ 3729-3733, authorizes a private individual, known as a “relator,” to bring a cause of action on behalf of the federal government to recover funds lost because of fraud or other misconduct. A lawsuit filed under the False Claims Act is known as a qui tam action, and it allows a relator to sue on behalf of the government and, if successful, receive a percentage of the recovery.

The FCA was signed into law by President Lincoln during the Civil War. It was originally intended as means to legally pursue unscrupulous contractors who defrauded the Union Army by selling inferior goods, such as sawdust mixed with gunpowder, crippled horses, and boots made of cardboard. Even today, the FCA remains one of the most effective and important tools to prevent the government from purchasing overpriced, inferior, or nonexistent goods or services.

Most FCA violations in the health care industry arise from the submission of false or fraudulent claims for payment to government-funded health care programs, such as Medicare, Medicaid, CHAMPVA, and TRICARE. The civil penalties for violations of the FCA can be substantial. The filing of false claims can result in fines of up to three times the amount of the government’s losses, plus a penalty ranging from $11,463 to $22,927 for each false claim submitted. If a health care provider submits a claim to the government that resulted from a kickback or Stark law violation, it can also render the claim false or fraudulent.  This, in turn, creates liability under the FCA, in addition to liability under the AKS or Stark law. Some examples of FCA violations involving health care providers can be found here.

The FCA’s whistleblower provision allows a relator to file a lawsuit on behalf of the United States. If the government makes a successful recovery based on original information provided by a whistleblower, the whistleblower may be entitled to a reward of 15 to 30% of the government’s recovery.

The Anti-Kickback Statute

The Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), prohibits offering, paying, soliciting, or receiving “remuneration” to induce referrals of items or services covered by Medicare, Medicaid, and other federally-funded health care programs. The AKS is a criminal law that involves any item or service payable by a federal health care program (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients). “Remuneration” includes anything of value and can include items other than cash, such as free rent, expensive hotel stays and meals, and excessive compensation for medical directorships or consulting services.

In certain sectors of the economy, a reward given to someone for a business referral is a commonly accepted and legal practice. However, compensation paid to someone for a referral involving a federal health care program is a crime. The AKS applies to both those who offer or pay remuneration as well as those who solicit or receive remuneration. Since an AKS violation can result in criminal liability, the intent of each party to the transaction is a critical element to determining culpability.

United States v. Greber, 760 F.2d 68 (3rd Cir. 1985) is a landmark case which held that paying a referring physician to use a laboratory’s services, even if the remuneration was compensation for professional services, was a violation of the AKS. Greber was a physician who was board certified in cardiology. Greber’s company, Cardio-Med, Inc., provided diagnostic services, some of which were billed to Medicare. The government eventually charged Greber with, inter alia, Medicare fraud in violation of 42 U.S.C. § 1395nn(b)(2)(B). The charges were based on Cardio-Med’s practice of paying kickbacks from Medicare funds to referring physicians in order to obtain future referrals. Greber claimed that the payments were for work performed by physicians, and future referrals were only one purpose of the payments. Greber was convicted, and he appealed. The Third Circuit affirmed the conviction, holding that a payment to a referring physician is illegal if it is done to encourage future referrals, even if the payment is compensatory. 760 F.2d at 72.

The policy reasons underlying the AKS are based on the premise that kickbacks exploit the health care system, drive up costs for medical services, and impede fair competition in the industry. Kickbacks can also result in patient steering, which can compromise the decision-making process of health care providers and institutions. Hospitals that participate in the Medicare program, or other federally-sponsored health care programs, are required to enter into contracts in which they agree to comply with federal laws and regulations, including the AKS.

Although the AKS is a criminal statute, it provides both criminal and civil penalties for violations. The criminal penalties can include fines of up to $25,000 and five years’ imprisonment for each violation. The Office of the Inspector General for the Department of Health and Human Services can pursue civil penalties of up to $50,000 per violation plus three times the amount of sustained by the government.

The Physician Self-Referral Law

The Physician Self-Referral Law or Stark Law, 42 U.S.C. § 1395nn, prohibits a physician from referring patients for certain “designated health services” payable by Medicare to an entity with which the physician, or his or her immediate family member, has a financial relationship, unless one of a number of specific exceptions applies. A financial relationship can include ownership or investment interests, or compensation arrangements between a physician, or immediate family, and an entity that furnishes designated health services.

Designated health services include:

  • Clinical laboratory services;
  • Physical therapy, occupational therapy, and outpatient speech-language pathology services;
  • Radiology and certain other imaging services;
  • Radiation therapy services and supplies;
  • DME and supplies;
  • Parenteral and enteral nutrients, equipment, and supplies;
  • Prosthetics, orthotics, and prosthetic devices and supplies;
  • Home health services;
  • Outpatient prescription drugs; and
  • Inpatient and outpatient hospital services.

The Stark law is a strict liability statute, which means that a physician does not have to possess the specific intent to violate the law. Much like the AKS, the Stark Law is intended to ensure that a physician’s medical judgment is based only on the best interests of the patient and is not swayed by improper financial incentives.

Penalties for Stark law violations can include:

  • Denial of payment – Medicare will not pay for designated health services that were provided pursuant to a prohibited referral.
  • Refund of payment – Any entity that collects payment for designated health services that were provided pursuant to a prohibited referral must refund all such payments.
  • Imposition of civil monetary penalties – a civil monetary penalty of up to $15,000 can be imposed for each prohibited service, as well as additional civil assessments and potential liability under the False Claims Act.
  • Exclusion from federal health care programs — Physicians and entities can be excluded from participation in government-sponsored health care programs.

The Necessity of Whistleblowers

The government lacks the resources to identify and prosecute every instance of fraud carried out by unscrupulous physicians, medical equipment providers or hospitals. Many settlements and successful verdicts reported by the DOJ are often based on information provided by a whistleblower willing to come forward after hearing or witnessing some type of improper conduct. In the health care sector, a whistleblower is often a current or ex-business partner, a hospital or office staff member, a patient, or a business competitor.

Anyone who is an “original source” of information involving fraud against the government can be a whistleblower. As defined in the False Claims Act, original source means “an individual who either (i) prior to a public disclosure . . . 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, and who has voluntarily provided the information to the Government before filing an action under this section.” 31 U.S.C. § 3730(e)(4)(B).

There are many pitfalls to filing a whistleblower claim with a government department or agency. Without proper legal representation, a whistleblower might not receive a reward even though he or she provided information and assisted the government in the investigation that resulted in a successful recovery. The attorneys at McEldrew Young have a proven track record of success in all types of whistleblower cases. If you have evidence of a fraudulent scheme involving a health care provider or facility, or any other type of fraud against the government, the attorneys at McEldrew Young will provide a free confidential review of your evidence and recommend the best course of action. For a no obligation consultation, call Eric L. Young or Paul Shehadi at (215) 367-5151 or you can submit your information through the contact form found on most pages of this site.

McEldrew Young Whistleblower Lawsuit Against INSYS Results in $225 Million Settlement of Allegations Involving Opioid Sales and Marketing Abuses

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insys

INSYS Agrees to Global Resolution of Claims Arising from Separate DOJ Criminal and Civil Investigations

The Department of Justice announced that INSYS Therapeutics, Inc. (“INSYS”) has agreed to pay $225 million to resolve allegations that it paid kickbacks and engaged in other illegal marketing tactics to promote sales of its fentanyl spray, Subsys. According to the terms of the settlement, INSYS will pay a criminal fine of $2 million and forfeit $28 million. The pharmaceutical manufacturer will also pay $195 million to settle civil claims based on allegations in five different qui tam lawsuits filed by separate relators.

McEldrew Young represents one of the five relators, a former INSYS sales representative who became concerned as the drug manufacturer continually pushed the boundaries of its marketing tactics to boost sales of its powerful opioid painkiller. In 2016, McEldrew Young filed a complaint under seal on behalf the relator in the United States District Court for the Central District of California. The complaint included allegations that INSYS promoted Subsys for various off-label, or unapproved, uses including musculoskeletal pain, fibromyalgia, neck pain, and back pain, despite the fact that the FDA only approved the drug for the management of breakthrough cancer pain.

Allegations of Improper Dosing Instructions and Meddling with Insurance Authorizations

INSYS management allegedly directed its sales representatives to encourage physicians to prescribe Subsys for continuous use, rather than only as needed, and to start new patients at twice the starting dose permitted by the FDA-approved label. Sales representatives were also allegedly instructed to complete prior authorization forms on behalf of the patient or physician. They also provided physicians with an appeal letter template that would be filled out if patients could not obtain prior authorization from their insurer.

The TIRF REMS Access Program

INSYS allegedly employed other less subtle tactics to remove certain “obstacles” purposely set in place to control distribution of the dangerous class of fentanyl-based painkillers, such as Subsys. For example, the FDA requires that physicians and pharmacists enroll in a program known as the TIRF REMS (Transmucosal Immediate Release Fentanyl – Risk Evaluation and Mitigation Strategy) Access Program. The program was designed to reduce the risks of misuse, abuse, addiction, overdose and serious complications due to medication errors with the use of TIRF medicines. Prescribers and pharmacists must study educational materials and pass an online knowledge assessment exam is order to obtain certification.

In an effort to increase the number of prescribers in the TIRF REMS Access Program, INSYS sales representatives allegedly provided physicians with cheat sheets that contained all the correct answers to the knowledge assessment exam. The practice of distributing the test answers was allegedly considered commonplace among sales representatives. Physicians who allegedly received the cheat sheets could easily circumvent the educational requirement of the program which was intended to ensure that they had sufficient information to make informed risk-benefit decisions prior to starting a patient on a TIRF drug.

Allegations of Sham Speaker Programs and Other Physician Incentives

Much like a number of other pharmaceutical manufacturers, INSYS utilized “speaker programs,” which were purportedly intended to be educational programs through which physicians were paid to present medical information to their colleagues at lunch and dinner events. It was alleged that these events were, in reality, sham programs whose only purpose was to pay doctors and pharmacists to convince their peers to prescribe Subsys for various off-label uses.

According to allegations in the case, many of the speaking events were held at inappropriate locations, such as noisy restaurants and strip clubs, and were nothing more than a pretense to provide attendees with free food, alcohol, and monetary compensation. The alleged payment of bribes and kickbacks to attending prescribers was designed as a way to increase the number of Subsys prescriptions written, as well as the dosage of those prescriptions. Many physician-speakers allegedly received compensation without ever having provided any educational content whatsoever at these events.

Another form of illegal kickbacks allegedly involved the use of gift cards. INSYS management allegedly encouraged sales representatives to provide gift cards to physicians as an incentive to continue prescribing Subsys. Sales representatives allegedly employed covert techniques to conceal the details of the transactions involving the purchase of the gift cards. Under one such scheme, an INSYS sales representative would allegedly purchase gift cards at a local food establishment and persuade the store owner to create fraudulent receipts for the value of the purchase price of the gift cards. The doctored receipts would falsely reflect the purchase of coffee and other small food items which could permissibly be given to a physician’s office. The sales representative would allegedly submit the fraudulent receipts for reimbursement by INSYS and then directly give the gift cards as a form of illegal and untraceable kickbacks to the physicians who prescribed Subsys.

The Rochester Connection

As the manufacturer of Subsys, INSYS was only the first link in the chain of bad actors who allegedly put profit ahead of preventable harm to thousands of vulnerable patients. Rochester Drug Cooperative (“RDC”), the sixth largest distributor of pharmaceutical products in the country, was charged as a corporate entity with conspiring to distribute drugs, conspiracy to defraud the United States, and failing to file suspicious order reports.

Last month, the CEO of RDC signed a Deferred Prosecution Agreement (“DPA”) in connection with the pending charges against the company. Under the DPA and a related consent decree, RDC agreed to: 1) accept responsibility for its conduct by making admissions and stipulating to the accuracy of an extensive statement of facts; 2) pay a $20 million penalty; 3) reform and enhance its Controlled Substances Act compliance program; and 4) submit to supervision by an independent monitor. If RDC remains compliant with the DPA, the government will defer prosecution and seek to dismiss the charges after five years.

The recent charges against RDC stem from a two-year investigation by the Drug Enforcement Administration (“DEA”) after RDC violated the terms of a prior civil settlement. The disclosure of the prior investigation and resulting civil settlement came to light after RDC’s former CEO, Laurence Doud III, filed a lawsuit against the company last year. In the suit against RDC, Doud claims he was fired so that RDC could shift responsibility to him for the recent DEA criminal investigation.

Mr. Doud and RDC’s former chief compliance officer were both recently charged with conspiring to distribute drugs and defrauding the government. The indictments mark the first time that federal criminal charges have been brought against company executives for conspiring to illegally distribute opioids

Linden Care Specialty Pharmacy

In his lawsuit against RDC, Mr. Doud also alleged that two members of RDC’s executive team defamed him by asserting that he and BelHealth Investment Partners had an improper financial relationship. BelHealth Investment Partners is a private equity firm that acquired Linden Care LLC (“Linden Care”), a company that ran a now-defunct specialty pharmacy based in Woodbury, New York.

The recent investigation by the DEA was based, in part, on the inaccurate reporting, or lack of reporting, of pharmaceutical sales between RDC and Linden Care. Prior to going out of business, it is believed that Linden Care was one of the largest, if not the largest, distributors of Subsys in the nation.

McEldrew Young’s initial investigation of the allegations against INSYS identified the critical role that Linden Care played as the leading dispenser of Subsys throughout the country. The complaint filed by McEldrew Young on behalf of its client was the only one to name Linden Care as a defendant in the INSYS qui tam lawsuit. Although the case against INSYS has settled, McEldrew Young’s suit against Linden Care and Belhealth Partners is currently pending before the United States District Court for the Central District of California.

The False Claims Act

The INSYS case demonstrates the importance of whistleblowers in identifying and reporting fraud. Fraud against the government takes many forms, and employees and contractors are often in the best position to detect and report such conduct. The government simply doesn’t have the resources to identify and prosecute every instance of fraud. Consequently, many unscrupulous actors continue to defraud the government, and American taxpayers, for years without detection or prosecution.

The False Claims Act provides a monetary incentive to whistleblowers who provide original information. If the government makes a monetary recovery based on the information provided, a whistleblower can receive between 15 and 30 percent of the recovery. The False Claims Act also contains provisions that protect a whistleblower from retaliation by an employer.

If you have information about fraud against the government, the experienced attorneys at McEldrew Young can assist with all aspects of the process, from investigating your claim, filing a complaint, and successful recovery of a reward.

What should I know about the Fisher Price Rock’n’ Play Sleeper recall?

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If you are a parent, caregiver of a child, grandparent, or guardian and are using a Fisher Price Rock’n’ Play Sleeper, it is in your best interest to stop using it immediately.

 

On April 12th, 2019 Fisher Price officially recalled 4.7 million Rock N’ Play Sleepers.

They also advised parents to cease all use of the sleeper. The reason behind the massive recall is related to at least 32 infant deaths. Before the recall, The American Academy of Pediatrics had encouraged the Consumer Product Safety Commission, or CPSC, to recall the sleeper product after a Consumer Reports Investigation brought to lit the large number of infant deaths since 2011.

 

Just before the recall of millions of sleepers, the Consumer Reports officially called for a recall of another infant sleeper, the Ingenuity Moonlight, made by Kids II. This was done after at least 4 infants died while using the sleeper.

 

Since the recall, there are Fisher-Price Rock’n’ Play Sleeper defective product lawsuits underway. We, at [law firm name[, are currently investigating cases that involve infant deaths attributed to the Fisher Price Rock’n’ Play Sleeper. If you lost a child, and believe this popular product may have been the cause, we urge you to call us as soon as possible.

 

What You Should Know

 

The Consumer Reports investigation sought advice from doctors and medical experts who suggested infants be placed on their backs and away from any soft bedding, so as to minimize the risk of asphyxiation. To add to this the American Academy of Pediatricians does not advise parents to allow their babies to sleep at an incline, especially while restraining a baby while they rock.

 

The Fisher Price Rock’n’ Play Sleeper has been designed in a way that allows babies to sleep at an inclined position, as the product rocks. The company even marketed the sleeper as being a product that a baby could sleep in all night long.

In addition to this, the CPSC has issued  a warning in the past which asked the consumers of the sleeper to discontinue use as soon as the child turned three months of age, or was exhibiting signs of being able to roll over – whichever came first. Both Fisher Price and the CPSC acknowledged 10 infant deaths, and said they occured after the baby rolled from the back to the stomach. This was not exactly true, according to the Consumer Reports. What the investigation showed was that the babies were younger than three months old. Rolling over was not likely.

 

At this time Fisher Price has stated they are aware of at least 32 infant deaths since the introduction of the sleeper in 2009. However, they also said the infants may have had mental or physical health conditions that attributed to the deaths, or the sleeper was being used in a way that contradicted the manual and it’s warnings.

 

It should be noted the investigation did note in select cases, there may have been other factors to consider. Even so, Consumer Reports found there were enough causes for concern that a recall should occur as soon as possible.

 

At least 4.7 million sleepers have been sold to consumers. They are one of the most popular sleepers on the markets, but should no longer be used as they are not safe for infants or babies of any age. If you or someone you know is using this sleeper, please discontinue its use.

 

If you are one of the parents who tragically lost a child, and you believe the Rock n’ Play Sleeper is the cause, our firm is investigating these cases. We understand what it takes to build a case against a large corporation like Fisher Price and will do our best to get justice for you and all the other families.

 

To learn more about the  Fisher-Price Rock’n’ Play Sleeper defective product lawsuits, call McEldrew Young.

Fisher-Price Rock n’ Play Sleeper Defective Product Lawsuits: Are They Right for You?

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The number of Fisher-Price Rock n’ Play Sleeper Defective Product lawsuits are on the rise, and if your family lost a child after using this defective product, contact us at McEldrew Young without delay. Our legal team has the experience and resources necessary to successfully fight this corporate subsidiary on behalf of grieving parents. A lawsuit cannot turn back time but it can send a message that a company cannot knowingly sell a product that is harmful to its users. Gross negligence is not acceptable, and taking legal action in the form of lawsuits against the Fisher-Price Rock n’ Play Sleeper defective product is a way to get justice. A substantial settlement from the manufacturer can also ease the financial burden that families may suffer in the wake of losing a loved one.

 

Contact our office today to learn more about how we might be able to assist your family during this difficult time.

 

How do I file defective product lawsuits against Fisher-Price after their Rock n’ Play Sleeper harmed my child?

 

At least 32 infant deaths are linked to the use of Fisher-Price’s Rock n’ Play Sleeper. The primary issue is that the product allows a child who is capable of rolling over while sleeping to asphyxiate. Product liability laws are intended to protect consumers from dangerous products. When a consumer uses a product in the manner as specified by the manufacturer, and if that product causes harm as a result, the manufacturer may be held liable for the consumer’s damages. McEldrew Young represents injured victims and surviving family members who lost a loved one in a fatal accident. Call us to schedule a free and confidential case review to learn if you are eligible to file one or more Fisher-Price Rock n’ Play Sleeper defective product lawsuits against the culpable parties.

 

What is involved in filing lawsuits against Fisher-Price for their Rock n’ Play Sleeper defective product?

 

When McEldrew Young takes a case representing parents who lost their child due to a defective product, our lawyers will determine who should be held liable. There may be more than one culpable party. After we identify who should be held accountable for our client’s loss, we may do the following:

 

  •         Build a damage claim that includes proof of liability and a detailed accounting of the resulting damages, with an assessed value for each type of damage.
  •         Submit the claim to the responsible party or parties.
  •         If the settlement offer from the responsible party is too low, our attorneys will enter into negotiations with the company to arrive at a fair amount. If the company refuses to negotiate in good faith, McEldrew Young may initiate a lawsuit against them.
  •         If the client’s case advances to the courtroom, we will argue the case in front of a jury.

If you are considering filing one or more lawsuits against Fisher-Price for their Rock n’ Play Sleeper defective product, contact us at McEldrew Young to learn how we can help you.

DANGEROUS BRITAX STROLLER MAY HAVE INJURED PARENTS AND CHILDREN

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DEFECTIVE PRODUCT LAWYERS PA

Parents often assume that the products intended for use by their children are safe. Unfortunately, this is not always the case, and there are many situations in which companies put profits ahead of consumer safety and release defective or dangerous products to the market. This was demonstrated recently when news stories broke about a jogging stroller that had caused injuries to parents and children. The popular stroller maker Britax was sued on February 16th by the Consumer Product Safety Commission (CPSC) for failure to issue a recall of models of their B.O.B. jogging strollers.

Injuries When Using the Britax BOB Jogging Stroller

The BOB jogging stroller produced by Britax is intended to keep children safe and secure when parents are using it to run on sidewalks, streets, or even dirt paths. This three-wheeled stroller, which typically costs between $400 and $600, appears to be rugged and sturdy. However, hundreds of reports were sent to the Consumer Product Safety Commission (CPSC) between 2012 and 2018 stating that the front wheel of the stroller could suddenly become detached. When moving at high speeds, the strollers could then flip over, causing serious or life-threatening injuries to both children and parents. Some of the reported injuries included broken bones and teeth, torn ligaments, and severe lacerations. According to the consumer complaints, B.O.B. jogging strollers have caused these injuries listed below:

Infant/Child Injuries

  • Concussions
  • Injuries to the head and face requiring stitches
  • Dental injuries
  • Contusions and Abrasions

Adult Injuries:

  • Torn labrum (cartilage in the shoulder)
  • Fractured bones
  • Torn ligaments
  • Contusions and abrasions

In 2017, the CPSC requested that Britax voluntarily recall these strollers, but the company refused to do so. Even though the quick-release lever used to secure the wheels to the strollers was prone to cause these wheels to detach, the company claimed that the product was completely safe when used correctly because it had passed all safety tests. While the company ultimately took steps to address the issue in later models of the stroller and put out information intended to help owners use the strollers safely, there are still nearly 500,000 strollers which may be unsafe in American homes.

Contact Our Philadelphia Defective Product Lawyers

At McEldrew Young, our lawyers are experienced in holding negligent companies responsible for injuries caused by defective products. Our experience investigating the causes of injuries, obtaining evidence showing the negligence of product manufacturers, and securing compensation for our clients demonstrates that we can provide you with the representation you need in a product liability lawsuit. If you or a member of your family have been injured by a Britax BOB Jogging Stroller or other product, we will work with you to secure the compensation you deserve that fully addresses the damages you have suffered. To arrange a free consultation with our Philadelphia product liability attorneys, contact us at 215-545-8800.

The DNA of Medicare Fraud & the False Claims Act

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False Claims Act

Genetic Testing Laboratory Pays $2 Million to Settle Allegations of Medicare Fraud

The Justice Department announced a settlement last month with GenomeDx Biosciences Corp. (“GenomeDx”), a genetic testing laboratory based in Vancouver, British Columbia with offices in San Diego. GenomeDx agreed to pay nearly $2 million to resolve alleged violations of the False Claims Act. According to the complaint, GenomeDx committed Medicare fraud by submitting false claims for its “Decipher” post-operative genetic test. The Decipher test measures the activity of genes in prostate tumors to evaluate the risk of cancer recurrence.

Southern District of New York Federal Court Greenlights McEldrew Young’s False Claim Act Case Against Teva Pharmaceuticals for Trial Involving Allegations of Nationwide Kickback Scheme

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TEva

Chief U.S. District Judge Colleen McMahon ruled on February 27th that a False Claims Act suit brought by two former employees of Teva Pharmaceuticals USA, Inc. will proceed to a trial on the merits.  In a detailed seventy-page opinion, the Court rejected numerous arguments asserted by Teva Pharmaceuticals USA, Inc. and two of its subsidiaries (“Teva”) in its motion for summary judgment.  The ruling preserves all of the relators’ claims asserted against Teva under the federal False Claims Act.

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