Philadelphia False Claims Act Lawyers for Whistleblowers

Our whistleblower attorneys have helped clients report more than $2 billion in fraud to the U.S. Government through qui tam lawsuits.

Call Eric Young & Jim McEldrew at (800) 590-4116

Areas of False Claims Act Practice

Federal False Claims Act

Philadelphia is our home.  It is a great location for a whistleblower law firm.  The Eastern District of Pennsylvania, located in Philadelphia, has seen some of the largest settlements and cases under the False Claims Act.  Overall, the U.S. Attorney’s Office here collected more than $2.3 billion in civil and criminal actions in FY2014 alone.  It is a popular location for filing qui tam lawsuits against companies in the health care industry given the presence of many of them in the area.

Philadelphia False Claims Act

Although Pennsylvania is currently without a FCA to protect its own government spending from fraud, the City of Philadelphia has adopted such a law.  If you are aware of fraud happening to fraudulently take money from our city’s coffers, feel free to call us.  We will also evaluate your evidence and the misconduct for filing in other jurisdictions.

A Few of Our Past Qui Tam Cases

Qui tam lawsuits brought by McEldrew Young attorneys have returned more than $2 billion to federal and state governments and were hard fought against numerous Fortune 500 companies, in addition to smaller fraudsters who broke the law just the same. All in all, in addition to ensuring that our clients were vindicated and protected, we have also secured more than $50 million in whistleblower rewards for our clients.

Salix Pharmaceuticals
In 2016, the Justice Department settled a case brought by McEldrew Young on behalf of its whistleblower clients against Salix Pharmaceuticals (bought by Valeant in 2015) for $54 million.  The Salix settlement resolved allegations that the company engaged in kickbacks through sham speaker programs to doctors.

ECL Solutions

In October 2015, the Government concluded an investigation into customs fraud by a military contractor with a criminal action against the company.  McEldrew Young represented a foreign whistleblower that brought the issue to the attention of the U.S. Government through a False Claims Act lawsuit.

Denver Health & Hospital Authority

In January 2012, Denver Health and Hospital Authority (“DHHA”) agreed to pay $6.3 million to settle allegations that the DHHA submitted false claims to Medicare and Medicaid by improperly submitting claims for short hospital stays as though they were “inpatient” stays when they should have been billed as less expensive “outpatient” or “observation” stays.  The relator was represented by McEldrew Young attorneys.

Cephalon Medicaid Fraud

Eric L.Young, also served as co-counsel on behalf of Lucia Paccione, a former Cephalon sales representative who filed a qui tam complaint reporting America’s largest biotechnology Medicaid fraud case. The case involved unlawful off-label marketing by Cephalon of drugs including Gabitril, Actiq, and Provigil. On September 29, 2008, it was announced that Ms. Paccione’s qui tam complaint led to the federal and numerous state governments’ recovery of $425 Million in a Civil Settlement.

Pfizer Medicare and Medicaid Fraud
One such case involved Pfizer, Inc., in which McEldrew Young’s Eric L. Young, served as co-counsel for 2 of the whistleblowers — the case resolved for $2.3 Billion. In that case, Pfizer agreed to plead guilty to criminal conduct in addition to the payment of both criminal and civil fines, penalties and damages after being faced with the substantial evidence presented by and through the whistleblowers and their attorneys which established that the pharmaceutical giant defrauded Medicare, Medicaid and other government-funded health care programs in connection with its market practices for four of its drugs.

Our Current False Claims Act and Drug/Device Lawsuits

Here are a few cases that we are presently litigating under the False Claims Act:

Novartis Cardiovascular Drugs
Novartis is accused of paying doctors to attend and lecture at sham speaker programs held by its cardiovascular division.  The United States Government and New York State have intervened in the lawsuit and are proceeding against Novartis based on the allegations it violated the Anti-Kickback Statute.

Pfizer Vfend
Our qui tam lawsuit accuses Pfizer of paying illegal kickbacks to doctors and engaging in off label marketing of Vfend.

Teva Kickbacks
Our qui tam lawsuit on behalf of whistleblowers against Teva alleges that the company paid kickbacks to doctors for speaker programs and other programs with respect to two drugs.

Our firm also litigates other cases of misconduct by pharmaceutical and medical device manufacturers.  Here are two that we are presently litigating:

Olympus Duodenoscopes
Our personal injury attorneys have filed a lawsuit against Olympus.  The complaint alleges that one of their duodenoscopes resulted in a severe infection to a patient.

Bayer’s Essure Device
Our law firm is co-counsel in several lawsuits against Bayer over side effects suffered by patients following their use of the permanent birth control device Essure.

A Summary of The False Claims Act

The Federal False Claims Act Process

A complaint is filed under seal in an appropriate Federal District Court.  The Department of Justice is notified and investigates the allegations in the complaint.  If the Justice Department decides to intervene, they will prepare and file their own complaint.  If they decline, you are entitled to proceed with the litigation on behalf of the government.  A relator is not entitled to bring a lawsuit in several situations.  An attorney at McEldrew Young can help you determine whether one of these exceptions apply to you.  For additional information about the law, visit our page dedicated to the False Claims Act

Retaliation Protections

The Federal False Claims Act offers protection from retaliation to whistleblowers bringing qui tam lawsuits under it.  Section 3730(h) prohibits adverse changes to the terms and conditions of employment as a result of lawful whistleblowing activities to stop violations of the False Claims Act.  If an employee is discriminated against as a result of their whistleblower status, they are entitled to bring a cause of action in federal district court for double back pay, interest and compensation for special damages such as litigation costs and attorneys’ fees.  The anti-retaliation provisions of the False Claims Act are available to whistleblowers within three years of the date of retaliation.  Other laws, including state and local False Claims Act legislation, may provide additional anti-retaliation protections for the relator bringing a qui tam complaint.

We call Philadelphia home but we will travel in the fight against fraud.

Philadelphia is our home.  It is a great location for a whistleblower law firm.  The Eastern District of Pennsylvania, located in Philadelphia, has seen some of the largest settlements and cases under the False Claims Act.  Overall, the U.S. Attorney’s Office here collected more than $2.3 billion in civil and criminal actions in FY2014 alone.  It is a popular location for filing qui tam lawsuits against companies in the health care industry given the presence of many of them in the area.

It is also convenient to most of the East Coast.  Philadelphia isn’t the only place where a qui tam can be filed.  There are courts across the country and local U.S. Attorney’s offices eager to investigate cases.  In a case against a medical device company, it may make sense to file in Boston.  In a securities or mortgage lawsuit, the SDNY in New York City may get preference.  For fraud in a government contract, Washington D.C. is an obvious choice.  We work with attorneys in other jurisdictions when needed and always remain the key decision maker in your case.

False Claims Act News

Recent Whistleblower Developments at McEldrew Young

Last spring was a pretty busy time for whistleblower news at McEldrew Young.  It has been the same this year! McEldrew Young received a positive...
Call 1-800-590-4116 to Speak to a McEldrew Young AttorneyEmail Us