Report Kickbacks in Health Care

McEldrew Young is a Philadelphia-based whistleblower law firm with attorneys representing health care whistleblowers in False Claims Act litigation nationwide.

We represent sales representatives and other health care professionals in some of the largest whistleblower lawsuits in the country.

Our clients report evidence of violations of the False Claims Act including Medicare and Medicaid fraud through a qui tam lawsuit to the Justice Department, Centers for Medicare & Medicaid Services, and other government agencies.

We are ready to help doctors, nurses, pharmacists, sales representatives and other health care professionals report violations of the Anti-Kickback Statute and Stark Law to the U.S. Government.

Fill out the contact form to the right for a free, confidential legal consultation.

Suspect Health Care Fraud? Let’s Report It:

About McEldrew Young, Attorneys-at-Law

Eric L. Young has represented employees from corporate executives to sales representatives in whistleblower matters for over a decade.  He currently represents whistleblowers in litigation against Novartis, Pfizer and Teva and has previously represented individuals in other large cases (including a $425 million fine against Cephalon).

James J. McEldrew, III (Jim) is a trial attorney that represents health care professionals in False Claims Act litigation.  He served a term as the President of the Philadelphia Trial Lawyers Association and  has represented victims of misconduct by health care companies from medical device manufacturers to doctors in hospital for almost thirty years.

Call us at 1-800-590-4116.

Our Anti-Kickback and Stark Law Practice

Our attorneys are currently representing whistleblowers in some of the largest cases of health care fraud in the country, including lawsuits against Novartis, Pfizer and Teva.

We represent the whistleblower in the U.S. Government’s case against Novartis over suspected violations of the Anti-Kickback Statute.  The government’s complaint alleges that the pharmaceutical company engaged in sham speaker programs that were actually kickbacks to doctors.  For additional information about the case, see the coverage in Bloomberg, the Wall Street Journal and Reuters.

We also represent whistleblowers in non-intervened lawsuits alleging illegal kickbacks, and other violations of the False Claims Act, against Pfizer and Teva.  These cases have survived motions to dismiss by the defendants and are presently in discovery.

Do you have evidence of kickbacks paid to a doctor, hospital, pharmacy or other healthcare provider or supplier by a pharmaceutical company, medical device manufacturer, home health agency or other beneficiary of health care referrals?

We Help Report Violations of the Anti-Kickback Statute and Stark Law Because Kickbacks Increase Health Care Costs and Bad Medical Decisions.

As health care fraud grew in the federal government insurance programs, Congress passed and expanded the Anti-Kickback Statute to limit payments for referrals.  Referrals increase the cost of services to the government and mean that treatment decisions may not be based on the best interests of the patient.

Congress passed the first Stark Law, commonly referred to as Stark I, in order to address the growing problem in the 1990s of increased health care costs due to self-referrals to physician-owned clinical laboratories.  A year later, in Stark II, Congress expanded the law to include referrals to other designated health services.  The concern is that the doctor is ordering services because of their ownership interest in the facility and not because of the medical necessity for the patient.

The U.S. Government has made tremendous strides in the past few years in exposing industry kickbacks through the Open Payments Sunshine Act and other efforts to increase transparency about the health care industry. Additionally, the Justice Department, with the help of employees inside these companies, has taken enforcement actions against several major health care companies.   However, we expect that pharmaceutical companies, medical device manufacturers and hospitals will find new ways to increase sales revenue that still violate the False Claims Act.

The False Claims Act

The False Claims Act imposes substantial penalties on doctors, hospitals and other health care companies engaged in fraud while rewarding whistleblowers for providing evidence of the misconduct to the Justice Department through a qui tam lawsuit.

Our Federal False Claims Act lawyers have guided whistleblower cases to several significant settlements on behalf of relators. Our largest unsealed cases are currently focused on kickbacks in violation of the Anti-Kickback Statute, but we have a broad base of experience across other types of Medicaid and Medicare fraud. In the pursuit of suspected frauds, we have brought cases to the attention of the government in many states, including New York, Florida, California and here in Philadelphia. In 2016, for example, we helped the federal and state governments recover $54 million from a Valeant subsidiary for kickbacks paid through speaker programs.

The law rewards whistleblowers for information with between 15 and 30 percent of the proceeds from the litigation, subject to numerous terms and conditions specified in the law. During President Obama's Administration, the U.S. paid out more than $4 billion to whistleblowers. For those not familiar with whistleblower cases, we have written a quick guide to the process.

Our False Claims Act attorneys undertake a thorough review of whistleblower evidence up front during the case evaluation process. We confirm that there is sufficient evidence of both inappropriate government billings as well as evidence of intentional or reckless conduct by the individuals in charge. We understand that no one person needs to have every piece of the puzzle and we have evaluated thousands of potential cases while honing our judgment. We also answer any questions that a whistleblower has in order to ensure that you can make an informed judgment about whether to proceed with a qui tam lawsuit.

To begin the process and get your questions answered, use our contact form or call 1-800-590-4116 for a free, confidential and no-obligation initial legal consultation from our whistleblower attorneys.

Suspect A Violation of the Anti-Kickback Statute or Stark Law?
Let Us Evaluate Your Evidence.

The Anti-Kickback Statute and Stark Law are simple in theory and complex in practice.  There are numerous exceptions to the Stark Law and safe-harbors to the Anti-Kickback Statute.  The government also frequently updates the regulations and issues advisory guidelines on permitted practices.

We encourage individuals to discuss the suspected kickback violations with us before internal reporting to their employer or external reporting to CMS and the U.S. Government.  It is important to have an attorney review it in order to confirm that the practice does not fall within an exception or safe harbor.

Call 1-800-590-4116 to speak to Eric L. Young, Esq.