Given the high cost of many modern medical technologies and the intense competition for market share, it is unsurprising that medical device and pharmaceutical manufacturers and sellers have found ways to engage in practices violating the False Claims Act.
Instances of Medicare fraud involving medical devices and pharmaceuticals can result in both criminal and civil liability. Individuals with knowledge of fraudulent activities — whether on the part of device manufacturers, marketers or physicians — have legal recourse to shed light on fraud through qui tam litigation. These prosecutions not only allow the government to recover fraudulently obtained funds, but permit those who assist in prosecutions — known as “relators” — to receive a percentage of the funds recovered. Warren | Benson Law Group represents relators and has handled Medicare fraud qui tam cases in more than 30 states.
Our nationally recognized successes include a $51 million recovery against 33 research hospitals, including well-known hospitals in California, Florida and Massachusetts, for upcoding and mischarging Medicare and Tricare for the cost of experimental devices.
What Are Common Forms Of Medical Device And Pharmaceutical Fraud?
The federal False Claims Act allows individuals with knowledge to bring civil lawsuits for fraud concerning pharmaceuticals and medical devices (which includes lab equipment to implant devices) as well as durable medical equipment (DME).
Fraud can be present in the manufacturing, marketing, selling and distribution of medical devices and pharmaceuticals and can be perpetuated by manufacturers themselves, marketers or physicians. Common forms of device- or pharmaceutical-related Medicare fraud include:
- Marketing devices and pharmaceuticals for unapproved uses
- Illegal financial arrangements between device and pharmaceutical makers and physicians (specifically, the use of kickbacks and/or illegal referral fees)
- Medical providers who resort to upcoding to collect higher reimbursements for medical devices and pharmaceuticals
- Splitting single-use drug vials
- Providing patients with unnecessary durable medical equipment to claim reimbursement
Discuss Your Information With Our Experienced Attorneys
We encourage you to speak with a lawyer to learn how you can assist in prosecuting Medicare fraud. Contact Warren | Benson Law Group now: Send an email or call toll free 800-844-4406 to arrange a confidential consultation.