martin flanagan fresenius
He was employed by Fresenius for 29 years. (Danieli, Chris) (Entered: 11/02/2021), Docket(#8) Judge Douglas P. Woodlock: ELECTRONIC ORDER FOR TRANSFER entered. As to some of those medical practices, the complaint provides some amount of additional detail, although again it does not describe any specific false claims. 270-84 (ENA and other practices in North Carolina); id. Finally, the complaint alleges that FMCNA entered into joint-venture agreements with physicians in order to induce referrals to the joint-venture clinic. The second question is whether there is an exception to the first-to-file bar that would allow relator's pre-2010 claims to survive. . (McManus, Caetlin) (Entered: 11/02/2021), (#9) ELECTRONIC NOTICE of Case Reassignment. Based on the allegations of the complaint, it appears that all of the patients in question would have received treatment at a facility operated by FMCNA or a competitor, and all of those treatments would have been paid by Medicare regardless. 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. (Id. The allegations in CKD described a scheme whereby FMCNA allegedly paid kickbacks to doctors with whom it had entered into joint-venture agreements. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. A more recent docket listing 85). Cancellation and Refund Policy, Privacy Policy, and The government can intervene in a qui tam action and assume primary responsibility over it. Ge v. Takeda Pharm. The complaint alleges that the Bridge Program was actually designed to capture all of a hospital's referrals, as about half of the company's patients came into [FMCNA] clinics via [the discharge planning process]. (Id. The first question, for the purpose of applying the first-to-file bar, is whether the first-filed complaint contained all the essential facts of the fraud later alleged. United States v. Millenium Lab'ys, Inc., 923 F.3d 240, 252 (1st Cir. The complaint further alleges a scheme to provide favorable leases to physician groups in order to induce referrals. The matter was unsealed, and therefore publicly disclosed, in 2018. 3730(b)(5); (4) the complaint has not pleaded fraud with particularity as required by Rule 9(b); and (5) the complaint fails to state a claim for FCA conspiracy. The False Claims Act, 31 U.S.C. Learn more about the survey. 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. (Id.). Free Services to Hospitals and Patients. Duxbury I, 579 F.3d at 33; United States ex rel. 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. Bell Atl. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. 40). We remand for further proceedings. (Attachments: #1 Affidavit Certificate of Noah M. Rich in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#16) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Jamie Bennett. 3729 et seq., by a company that provides dialysis services to patients with kidney failure. The Marvel Studios Phenomenon. WebFlanagan v. Fresenius Medical Care Holdings, Inc. View recent docket activity Reflects complaints, answers, motions, orders and trial notes entered from Jan. 1, 2011. (Attachments: #1 Affidavit Certificate of W. Scott Simmer in Support of Motion for Admission Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#11) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added James F. Bennett. United States v. Cyberonics, Inc., 844 F.3d 26, 31 (1st Cir. Chris Churchill. (Attachments: #1 Affidavit Certificate of Jamie Bennett in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), Docket(#13) MOTION for Leave to Appear Pro Hac Vice for admission of W Scott Simmer Filing fee: $ 100, receipt number AMADC-9065559 by Martin Flanagan. Chronic kidney disease refers to the progressive loss of a person's kidney function, which is normally irreversible. It then alleges, in general terms, that all claims from those facilities were tainted by kickbacks and therefore constitute false claims within the meaning of the False Claims Act. . The Call. by. 84). That statute provides: The policy behind that requirement-allowing the government to investigate the claims and decide whether to intervene-is implicated when a relator amends a complaint to add completely new FCA claims. 154). Chief Judge F. Dennis Saylor, IV assigned to case. This is a qui tam action alleging violations of the Anti-Kickback Statute, 42 U.S.C. (Attachments: #1 Affidavit Certificate of Jamie Bennett in Support of Motion for Appearance Pro Hac Vice)(Sullivan, Christopher) (Entered: 11/22/2021), (#13) MOTION for Leave to Appear Pro Hac Vice for admission of W Scott Simmer Filing fee: $ 100, receipt number AMADC-9065559 by Martin Flanagan. . It appears, therefore, that the government may have suffered little or no actual financial loss. Jason S. Greis at 312.624.6412 orjgreis@beneschlaw.com. WebA division of Fresenius Medical Care North America, Azura Vascular Care partners with dedicated, highly skilled physicians and surgeons, providing opportunities for practice There is no checklist of mandatory requirements that each allegation in a complaint must meet to satisfy Rule 9(b). Hagerty ex rel. US$14.87 US$16.99. A medical director's productivity was tracked, and contracts with medical directors who generated a large number of patients were renewed. MARTIN FLANAGAN, Plaintiff-Relator, v. FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a FRESENIUS MEDICAL CARE NORTH AMERICA, Defendant. 2004), abrogated on other grounds by Allison Engine Co. v. United States ex rel. FMCNA is America's largest dialysis-services provider. WebMartin Flanagan is a Director, National of Acute Dialysis Services at Liberty Dialysis based in Anchorage, Alaska. . (Id. . See East Bay Mun. Paperback. Submission of claims to Medicaid that were ineligible for payment because of violation of the AKS are actionable under the FCA because the payments of those claims were made with federal funds. According to ZoomInfo records, Sandra Martins professional experience began in 1986. 1). plaintiff the benefit of all reasonable inferences therefrom. Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1, 5 (1st Cir. 3730(d). Martin Flanagan. Previo Read More Export Get Full Access to Martin's Info Last Update 12/13/2021 10:41 PM Email @fmcna.com HQ Phone (781) 699-9000 Company Fresenius Medical Care North Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System. 233 (Diablo Nephrology) (Every claim for reimbursement [FMCNA] submitted to [f]ederal health care programs associated with the treatment of these patients was tainted by kickbacks and therefore false within the meaning of the FCA.); id. On a motion to dismiss, the court must assume the truth of all well-plead[ed] facts and give . Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Furthermore, they do not directly disclose the existence of any of the alleged schemes, or any other form of fraud, nor do they describe facts from which the existence of a fraudulent scheme might be inferred. This docket was last retrieved on December 5, 2022. For example, medical directors at 160 FMCNA clinics made more than $300,000 in 2019, well above the average compensation of medical directors at similarly located clinics. Paperback. Duxbury v. Ortho Biotech Prods., L.P., 579 F.3d 13, 26 (1st Cir. 2016). F. DENNIS SAYLOR IV, CHIEF JUDGE, UNITED STATES DISTRICT COURT, MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS. 308-14). WebMichael D. Flanagan, MD, specializes in Obstetrics / Gynecology and Maternity Care, Geriatrics and sees patients in Bryn Mawr. SALTER, GARY vs. FRESENIUS MEDICAL CARE HOLDINGS INC, Instituto Mexicano del Seguro Social v. Fresenius Medical Care AG & Co. KGaA. (Id. 2014); cf. The statute has a variety of strict requirements, however, that serve both to ensure that the government has a fair opportunity to control the litigation and to screen out claims that are incomplete, redundant, or parasitic. The settlement required DaVita to repay a total of $400 million to the federal government and various states, and the CIA that it entered into with the government impacted various aspects of DaVitas business operations. The portions of the claims based on those allegations will therefore be dismissed for failing to comply with the FCA's pre-suit requirements. Co. Ltd., 737 F.3d 116, 123 (1st Cir. 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. 184-97). Under the FCA, a relator must comply with the following requirements: Those notification requirements were enacted to allow the Government an adequate opportunity to fully evaluate the private enforcement suit and determine both if that suit involves matters the Government is already investigating and whether it is in the Government's interest to intervene and take over the civil action. United States ex rel. The 2005 complaint alleged improper conduct dating from a decade before the conduct alleged here. 29 at 10); (2) compensation is negotiated individually [based on] local factors . We believe that the compensation of our medical directors is in line with the market (Id. 31 U.S.C. b. 3730(b)(2), (b)(4), (c)(1). for reimbursement were submitted to the government. at 233. 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. 12(b)(6) and for failure to allege fraud with particularity as required by Fed.R.Civ.P. 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. (Id. The complaint also alleges that Fresenius regularly entered into a variety of problematic arrangements with nephrologists and nephrology group practices intended to secure patient referrals for Fresenius wholly-owned and joint venture outpatient dialysis centers, including: Many of the allegations contained in the Complaint of inappropriate physician arrangements are similar, in many regards, to the allegations contained in whistleblower David Barbettas complaint filed against DaVita in federal district court in 2009. Martin Flanagan is a journalist and author who writes on sport, Australian culture and the relationship between indigenous and non-indigenous Australia. 2016). 90). (Id. 2019) (cleaned up). (Danieli, Chris) (Entered: 11/02/2021), (#8) Judge Douglas P. Woodlock: ELECTRONIC ORDER FOR TRANSFER entered. Physicians who wanted to terminate the non-competition agreements were forced to negotiate onerous buyouts. (McManus, Caetlin) (Entered: 11/22/2021), Docket(#14) MOTION for Leave to Appear Pro Hac Vice for admission of Jamie Bennett Filing fee: $ 100, receipt number AMADC-9065597 by Martin Flanagan. (Id. Martin Flanagan hasnt hidden himself from view in The Short Long Book but he says he wouldnt trust any journalist who did. Relator here has not attempted to do so. The complaint alleges that FMCNA provided free discharge-planning services to hospitals, free in-service training to staff, free training to patients, and free quality assessment and improvement program data analysis. 25) and five paragraphs addressing how the scheme resulted in false claims (Id. Cases involving fraud against the government, False Claims Act (FCA) - 31 USC 3729-3733. (Id. As to Medicaid, the complaint alleges in general terms that state administrators of the program obtain reimbursement from the federal government by submitting a quarterly Form 64 to the Centers for Medicare and Medicaid Services at Department of Health and Human Services. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. While it is true that it did not use the term medical director agreements, its allegations concerning improper remuneration to physicians in the form of compensation above fair-market value and favorable leases are nonetheless substantially similar to those in the amended complaint. . FMCNA generated reports to track which medical directors and their practice groups referred patients to outside clinics and the reasons why. Compl. L. No. The critical question is whether the complaint meets the exacting standard for FCA claims required by law. 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. L. No. WebSenior Vice President of Strategic Business Integrations Fresenius Medical Care. No published case in the First Circuit, however, has ever gone so far. And it did not allege that FMCNA provided free or below-cost practice-management services to physicians. Nor does it provide any representative or sample claims. As the Chair of the Local Rules Committee when the relevant rules were adopted, see generally L.R. 13 at 23); and that (3) If physicians and other referral sources cease referring patients to our dialysis clinics . . It alleged that [t]hese problematic physician relationships generally break down into two areas. (Id.). FMCNA decided that one of the keys to capturing new patients for its dialysis clinics was through its relationships with hospitals providing inpatient acute care. 40). 3730(b)(5). Flanagan v. Fresenius Medical Care Holdings, Inc. FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a Fresenius Medical Care North America, CIVIL CASE docketed. Defendant also contends that the claims concerning joint-venture agreements are barred by the first-to-file rule. 3730(e)(4)(B) (2006). Martin Flanagan United States of America Defendant FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as Fresenius Medical Care North America A subscription to PACER is required. (McManus, Caetlin) (Entered: 11/02/2021), Docket(#10) Chief Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Megan S. Heinz. Essentially, that version of the complaint alleged that FMCNA's efforts to incentivize referrals to its clinics violated the Anti-Kickback Statute, 42 U.S.C. Add to Documents and certified copy of docket sheet and order of transfer received from the Clerk in the transferor district via Email. 38). Moreover, referral sources were routinely permitted to own more than 40% of the joint venture investment, contrary to HHS OIG guidance. 18). 3.06 avg rating 31 ratings published 2005. 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. 274 (North Carolina) ([E]ach of these claims was false .); id. Medicare is a federally-funded health-insurance program that primarily provides benefits to the elderly, but also provides coverage to patients with ESRD, regardless of age. (Id.). 257 (Indiana) (All such claims . Id. Previously, Martin was a Direct or, Acute Maket Development There is, of course, considerable logic to relator's arguments: if 100% of the business of FMCNA is tainted by kickbacks, and if 80% or more of the business of FMCNA involves government payors, it follows that FMCNA must have submitted many false claims. As the Chair of the Local Rules Committee when the relevant rules were adopted, see generally L.R. However, even assuming compliance with those requirements, the claims concerning joint-venture agreements would be barred in any event. . The entire basis of the complaint is a theory of tainted referrals; kickbacks paid by FMCNA tainted the physician-referral process, which enabled the company to obtain, unlawfully, a larger share of referrals than it would have otherwise in a properly functioning market. Chief Judge F. Dennis Saylor, IV assigned to case. FMCNA is a wholly-owned subsidiary of Fresenius Medical Care AG & Co. KGaA, which is located in Bad Homburg, Germany. FMCNA has moved to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 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. Westmoreland v. Amgen, 707 F.Supp.2d 123, 130 (D. Mass. To the extent the complaint here provides any factual or statistical evidence as to the actual false claims, it does so by alleging in a handful of instances that certain types of claims associated with patients at certain facilities were false. . 3/17/2023 8:35 PM. 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. 44). (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. June 21, 2005). 2010). 111-148, 10104(j)(2), 124 Stat. 2021) case opinion from the District of Maryland US Federal District Court To survive a motion to dismiss, a complaint alleging fraud must state with particularity the circumstances constituting fraud. Fed.R.Civ.P. WebBrigid M. Flanagan, RN, MS, Sean Philpott, PhD, MS, and Martin A. Strosberg, MA, MPH, PhD. See U.S. ex rel. 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. Relator did comply with that requirement before filing his original complaint, which was 22 pages long and described an illegal scheme with two essential components. were false.); id. (Id. The third, and perhaps most difficult, issue is whether the amended complaint pleads fraud with sufficient particularity to meet the requirements of Fed.R.Civ.P. And under Rule 9(b), those claims must be described with some level of specificity. 1320a-7b(g); Patient Protection and Affordable Care Act, Pub. The second was that these same doctors are often provided with opportunities to rent office space that they own to Fresenius at above or at the very top of fair market value, with guaranteed long-term leases that are not commercially reasonable. (Id. Compl. 3729(a)(1)(A) (Count 1); making or using false records material to a false or fraudulent claim in violation of the False Claims Act, 31 U.S.C. As to the appellee L. Martin Flanagan, we affirm. were false.); id. 132, 140). It also provides a very limited amount of statistical evidence to attempt to bolster those allegations. 217). The remaining six paragraphs describing the alleged scheme consisted of an introductory paragraph (Compl. 4.9 out of 5 from 219 Patient Satisfaction Ratings. According to the complaint, FMCNA clinics and other providers treating ESRD submit to the government one reimbursement claim bill per month for each patient, including the charges for several dialysis treatments, any separately billable laboratory services, and separately billable drugs. (Id. 181). Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Ex. As its Western Division director of acute market development, he was Accordingly, the motion to dismiss will be granted. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. constituted false claims .); id. for money or property presented to an officer, employee, or agent of the United States. 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. According to the complaint, FMCNA offered physicians the opportunity to enter into free practice-management agreements, in return for which it obtained the practice's data from the prior three to five years. There must be particularized allegations of claims for payment arising from that scheme. . Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. [23-1305] (JAW) [Entered: 04/05/2023 09:24 PM]. a. (Id. It might also be entirely rational to shift the burden to the defendant: that is, once a relator has established the existence of a kickback scheme, arguably the burden should be shifted to the defendant to prove that certain referrals were not caused by payment of kickbacks. Second, defendant contends that a complaint alleging medical-director fraud filed in Missouri in 2005 against two different companies-both of which were later acquired by FMCNA-qualified as a public disclosure barring the current allegations. 22-1138 | 2022-03-02, U.S. District Courts | Property | If you do not agree with these terms, then do not use our website and/or services. 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. Those arguments, however, are unavailing. Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. 40. Defendant next contends that the remaining FCA claims in the amended complaint are barred by the public-disclosure bar of the statute, 31 U.S.C. 1320a-7b, and False Claims Act, 31 U.S.C. And, presumably, it has other weapons in its arsenal for dealing with fraudulent conduct. WebMartin Flanagan is a Director, National of Acute Dialysis Services at Liberty Dialysis based in Anchorage, Alaska. According to the complaint, FMCNA pitched medical-director positions to nephrologists as a way to earn a considerable income for little or no investment of time. (Id. The Anti-Kickback Statute, 42 U.S.C. 5266, 5289). 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. Id. 131). occurred; (2) said disclosure . The 2010 Patient Protection and Affordable Care Act amendment to the public-disclosure bar made two notable changes to that definition. The fact that the CKD complaint was dismissed on jurisdictional grounds is therefore irrelevant. (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. See Id. 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. Dec. 2, 2022). Use the links below to access additional information about this case on the US Court's PACER system. 01 Jun 2022. And the best part of all, documents in their CrowdSourced Library are FREE! Read More . (Id. Third, defendant contends that relevant public disclosures occurred in multiple SEC filings by FMCNA. See Pub. (Entered: 10/05/2021), (#1) ELECTRONIC NOTICE of Case Assignment. 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. Previously, Martin was a Direct or, Acute Maket Development Wbd at Fresenius Medical Care North America. June 16, 2011). Martin Flanagan's Phone Number and Email Last Update. Martin Flanagan has been a director and President and Chief Executive Officer of Invesco since 2005. 19). Duxbury v. Ortho Biotech Prods., L.P., 719 F.3d 31, 33 (1st Cir. to purchase . . Wilson v. Bristol-Myers Squibb, Inc., 750 F.3d 111, 118 (1st Cir. By law, all outpatient dialysis clinics must have a qualified medical director to be responsible for the delivery of patient care and outcomes in the facility. 42 C.F.R. Therefore, the court may consider any public disclosures made prior to 2021 for purposes of determining whether the claims are prohibited by the public-disclosure bar. 1320a-7b(b)(2). free or discounted physician practice alignment services, including providing dedicated chronic kidney disease educator services, financial coordination services for patients beginning dialysis, vascular access development services and assistance with physician recruiting through Fresenius online recruiting platform. The complaint alleges that FMCNA engaged in improper remunerative relationships with medical directors in its outpatient clinics to capture their referrals. 285-91 (practices in Texas); id. Evidence of an actual false claim is the sine qua non of a False Claims Act violation. Karvelas, 360 F.3d at 225. 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. et al, County of Lycoming v. Purdue Pharma, L.P. et al, Lazy S Ranch Properties v. Valero Terminaling and Distribution, et al, Lester E. Cox Medical Centers d/b/a Cox Medical Centers et al v. Amneal Pharmaceuticals, LLC et al. 1998) (rev'd on other grounds, 529 U.S. 765 (2000)). 2016) (citing Duxbury I, 579 F.3d at 29). (Am. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Courts have therefore required relators to abide by those requirements when filing an amended complaint that is not substantially similar to the original complaint. FMCNA also inserted non-competition clauses into their JVAs in order to lock partners into referring patients to its facility. Care Holdings, Civil Action 21-11627-FDS (D. Mass. 128). The first-to-file bar provides that [w]hen a person brings an action . Here, the allegations are substantially similar to those in CKD and are thus based upon the public disclosures. The description of the alleged scheme consisted of 25 paragraphs. they [therefore] violated the FCA's filing and service requirements. Wilson, 750 F.3d at 120. 170. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. MARTIN FLANAGAN, Plaintiff-Relator, v. FRESENIUS, Court:United States District Court, D. Massachusetts. Thus, the statute now defines original source as an individual who. 40.1(i) and with the approval of the Chief Judge hereby return the case for reassignment by the Clerk through the random draw appropriate for this case, under which all eligible judges -including me - will be eligible for proper assignment according to the luck of the draw. Quick View. (Id. Among other things, the complaint uses the passive voice throughout: claims were submitted, rather than FMCNA submitted claims.. 2016); Fed.R.Civ.P. were false .); id. For the foregoing reasons, defendant's motion to dismiss is GRANTED. Mar 17, 2023 11:00am. Accordingly, even if relator had complied with the pre-suit requirements of the False Claims Act, the public-disclosure bar would preclude the claims concerning joint-venture agreements. Kelly v. Novartis Pharm. Although the budgetary spreadsheets were reviewed and approved by mid-level and upper management, the complaint alleges that the decision to run hospital programs at a loss was made by corporate management. 30-31). Poteet v. Medtronic, Inc., 552 F.3d 503, 516-17 (6th Cir. First, it added a second definition for original source. Id. Dist. In any event, as noted, the complaint does not include a single allegation concerning a single specific false claim. 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. Defendant contends that the allegations concerning the compensation of medical directors were publicly disclosed prior to the filing of the complaint. 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. (Woodlock, Douglas) (Entered: 11/02/2021), Docket(#7) NOTICE of Appearance by Abraham R. George on behalf of United States of America (George, Abraham) (Entered: 10/18/2021), Docket(#6) MOTION for Leave to Appear Pro Hac Vice for admission of James F. Bennett Filing fee: $ 100, receipt number AMADC-9005666 by Fresenius Medical Care Holdings, Inc.. (Attachments: #1 Affidavit Certification of James F. Bennett)(Durant, Maria) (Entered: 10/13/2021), Docket(#5) MOTION for Leave to Appear Pro Hac Vice for admission of Megan S. Heinsz Filing fee: $ 100, receipt number AMADC-9005610 by Fresenius Medical Care Holdings, Inc.. (Attachments: #1 Affidavit Certification of Megan S. Heinsz)(Durant, Maria) (Entered: 10/13/2021), Docket(#4) NOTICE of Appearance by Maria R. Durant on behalf of Fresenius Medical Care Holdings, Inc. (Durant, Maria) (Entered: 10/07/2021), Docket(#3) NOTICE of Appearance by William H. Kettlewell on behalf of Fresenius Medical Care Holdings, Inc. (Kettlewell, William) (Entered: 10/07/2021), Docket(#2) Case transferred in from District of Maryland; Case Number 14-cv-00665-GLR.