Representative Experience
- Defended a national hospital chain in federal False Claims Act litigation and parallel state patients’ tort class action arising from a physician’s alleged performance of unauthorized medical procedures. Won motions to dismiss both actions on the pleadings, both of which were affirmed on appeal.
- Represented a hospital in a qui tam investigation involving allegations that the hospital admitted patients as inpatients who should have been treated as outpatients or observation. Negotiated a favorable settlement, including the first Corporate Integrity Agreement to mandate use of the Case Management Protocol.
- Represented New Orleans hospitals in criminal investigations and congressional hearings related to their response to Hurricane Katrina, including allegations that patients were euthanized in the immediate aftermath of the storm.
- Defended a national health insurer in a state attorney general’s industry-wide investigation concerning insurers’ physician and hospital ranking systems.
- Represented a major dialysis provider in two nationwide federal investigations involving allegations of health care fraud.
- Defended the owner and operator of a third-party administrator against allegations of insurance fraud, where the government’s cooperating witness pled guilty and then falsely accused our client of participating in the fraud. After we presented our facts to the federal prosecutor, he closed the investigation.
- Represented four senior officers of a major U.S. pharmaceutical developer and manufacturer in a federal grand jury investigation relating to off-label promotion allegations and the integrity of FDA clinical trial submissions.
- Represented the global head of marketing for a major pharmaceutical company in an investigation focusing on allegations of off-label marketing and anti-kickback issues.
- Conduct internal investigations into allegations of off-label marketing for a major U.S. pharmaceutical developer and manufacturer.
- Alston & Bird is serving as the Independent Review Organization and Outside Reviewer for a major pharmaceutical company, which involves reviewing the company’s systems, policies and procedures; interviewing employees; and preparing a written assessment report pursuant to the terms of company’s Corporate Integrity Agreement.