AT Secures Dismissal for Health Care Client in Multimillion-Dollar Whistleblower Case

March 20, 2024 Firm News

Armstrong Teasdale health care litigation Partners Maureen Bryan, David Ott and Nicolas Cejas recently secured a significant victory for a health care client in a multimillion-dollar whistleblower case involving alleged kickbacks from a supplier of contrast media.

On March 12, 2024, the U.S. District Court for the District of New Jersey dismissed with prejudice a qui tam suit against several health care companies—including the client, a health system in Illinois—and a manufacturer of contrast media. The suit alleged violations of the False Claims Act and Anti-Kickback Statute, in addition to equivalent state laws, arising from the procurement of medical equipment pursuant to contract terms that were alleged to implicate various fraud and abuse prohibitions.

Bryan, Ott and Cejas initially secured dismissal for their client in December 2022, after successfully persuading the Court that the whistleblower failed to allege sufficient facts to support a viable claim. They again secured dismissal – this time with prejudice – in March 2024, as further briefing established that relator’s refiled complaint did not correct the deficiencies associated with his claims. 

Bryan is a partner and the General Counsel of Armstrong Teasdale. She has tried cases in several jurisdictions and is responsible in part for many of Missouri’s top-ranking defense verdicts. She represents some of the nation’s largest hospital corporations, Fortune 500 companies, physician groups, medical device manufacturers, and pharmaceutical companies in a broad range of claims involving medical malpractice, products liability and complex health care-related litigation. In addition, she represents clients in matters involving the Health Insurance Portability and Accountability Act (HIPAA) and breaches of protected health information including in class action litigation arising from data and privacy breaches.

Ott has extensive experience in a wide range of litigation areas including medical and professional malpractice, personal injury, product liability, and business and commercial matters. He represents national health care corporations, hospitals, doctors, nurses and other health care professionals in a full spectrum of complex matters. He has tried about 100 cases in courts across the nation, and his successful verdicts have ranked among Missouri’s highest for at least 15 years.

Cejas is the leader of Armstrong Teasdale’s Health Care and Life Sciences industry team. He represents clients faced with government investigations and litigation concerning the False Claims Act, the Anti-Kickback Statute, and other fraud and abuse laws. He also defends health care systems, Fortune 500 companies and physician groups in a variety of matters, including medical malpractice, products liability, health care payor-provider disputes, and other commercial actions.

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