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In Re Cardiac Devices Qui Tam Litigation / 03MDL01505

Good Introductions to a Bad Story

In re Cardiac Devices Qui Tam Litigation. Case No. 03CV01505. United States Memorandum in Opposition to Defendants' Motion for Certification of Decision for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b). Exhibit 4. United States District Court, District of Connecticut. 2004-06-17. Available from http://www.bioethicswatch.org/lex1/03md01505doc77-4_2004-0617.pdf. (If you see blank pages in your web browser open the file with Adobe® Reader.)

  1. The suit implies a conspiracy to deceive the government and names several prominent research institutions. Lisa Scott. Modern Health Care. 1995-08-21.
  2. Suit claims research hospitals faked records and billing to get U.S. funds. Andy Pasztor. The Wall Street Journal. 1995-08-17.
  3. Suit cites 21 hospitals for false billing. Robert A. Rosenblatt. Los Angeles Times. 1995-08-17.
  4. Hospital Medicare fraud alleged. Robert A. Rosenblatt. The Washington Post. 1995-08-17.
  5. Experimental device case whistleblower describes alleged misdeeds behind probe. Healthcare Financial Ventures Report. 1995-08-02.
  6. Whistle-blower says hospitals profiting from billing scam. Medical Industry Today. 1995-08-18.

In re Cardiac Devices Qui Tam Litigation. Case No. 03CV01505. United States Memorandum in Opposition to Defendants' Motion for Certification of Decision for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b). Exhibit 5. United States District Court, District of Connecticut. 2004-06-17. Available from http://www.bioethicswatch.org/lex1/03md01505doc77-5_20040617.pdf. (If you see blank pages in your web browser open the file with Adobe® Reader.)

  1. Secret witness to detail Medicare billing fraud. Ralph Vartabedian. Los Angles Times. 1996-02-11.
  2. Health executive tells senators Medicare fraud is widespread. The New York Times (Reuters). 1996-02-15.
  3. Hospitals target of lawsuit over Medicare billing. Rex Dalton. The San Diego Union-Tribune. 1996-02-14.
  4. Secret witness tells senators of Medicare fraud. USA Today. 1996-02-14.
  5. Medicare fraud rampant, secret witness claims. Ralph Vartabedian. Los Angles Times. 1996-02-15.
  6. This week in healthcare; Congressional hearing explores Medicare fraud. Modern Healthcare. 1996-02-19.

Hartwig JE. Deputy Inspector General for Investigations, Office of Inspector General U.S. Department of Health and Human Services. Testimony on Improper Billing by Hospitals. Before the Senate Government Affairs Permanent Subcommittee on Investigations. 1996-02-14. Available from http://www.hhs.gov/asl/testify/t960214b.html

Ault T. Director, Bureau of Policy Development Health Care Financing Administration, U.S. Department of Health and Human Services. Testimony on Medicare Coverage of Investigational Medical Devices. Before the Senate Government Affairs Permanent Subcommittee on Investigations. 1996-02-14. Available from http://www.hhs.gov/asl/testify/t960214a.html

The Department of Health and Human Services And The Department of Justice Health Care Fraud and Abuse Control Program Annual Report For FY 2001. April, 2002. Available from http://oig.hhs.gov/reading/hcfac/HCFAC%20Annual%20Report%20FY%202001.htm

Seven hospitals located throughout the country agreed to pay the United States almost $5.5 million to settle claims that they unlawfully charged the Medicare and TRICARE programs for surgical procedures using experimental cardiac devices. The devices had not been approved for marketing by the FDA at the time the procedures were performed between 1987 and 1994. The settlement involved hospitals in Florida, California and Arizona. The government had previously entered into settlements with other hospitals engaged in similar conduct and these other settlements resulted in payments of almost $13 million. The settlement stems from a qui tam filed by a former medical device salesman.

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Court Documents

United States ex rel. Kevin D. Cosens; and State of California ex rel. Kevin D. Cosens v. University of Alabama Hospital et al. Case No. 02CV00227 [C94-474D]. First Amended Complaint. 2002-04-17 [1995-12-28]. United States District Court, Western District of Washington. Available from http://www.bioethicswatch.org/lex1/02cv00227amndcompl_20020417.pdf [2.19M]

United States of America ex rel. Cosens v. Providence Medical Center. Case No. 94CV000474 [No. C94-474L]. Complaint. United States District Court, Western District of Washington at Seattle. 2002-12-16. Available from http://www.circare.org/lex/94cv00474compl_20021216.pdf

In re Cardiac Devices Qui Tam Litigation. Case No. 03CV01505. United States Response to Defendants' Supplemental Brief Opposing Governments' Motion to Limit Discovery. United States District Court, District of Connecticut. 2004-07-28. Available from http://www.bioethicswatch.org/lex1/03md01505reply_20040728.pdf

In Re Cardiac Devices Qui Tam Litigation. Case No. 05CV2951. Brief of Amici, Association of American Medical Colleges & American Hospital Association in Support of Appellants/Reversal. United States Court of Appeals for the Second Circuit. 2005-10-21. Available from http://www.aamc.org/advocacy/library/teachhosp/corres/2005/102805.pdf. Accessed 2006-02-18.

In Re Cardiac Devices Qui Tam Litigation. Case No. 03MD01505. United States District Court District of Connecticut. Order on Motions. 2004-05-12. Available from http://www.ctd.uscourts.gov/Opinions/051204.GLG.CardiacDevices.pdf. Accessed 2006-02-18.

U.S. Department of Justice Press Releases

Justice Department Intervenes in Medicare Case Against Two Cleveland Hospitals. U.S. Department of Justice Press Release. 2003-07-01. Available from http://www.usdoj.gov/opa/pr/2003/July/03_civ_395.htm

Texas, Washington, Oregon & Florida Hospitals to Pay U.S. $4.9 Million in Cardiac Devices Litigation. U.S. Department of Justice Press Release. 2003-02-21. Available from http://www.usdoj.gov/opa/pr/2003/February/03_civ_103.htm

Johns Hopkins Hospital and Methodist Hospitals of Memphis Accused of Mischarging Medicare. U.S. Department of Justice Press Release. 2003-01-15. Available from http://www.usdoj.gov/opa/pr/2003/January/03_civ_016.htm

Justice Department Accuses 27 Hospitals of Mischarging Medicare. U.S. Department of Justice Press Release. 2002-12-17. Available from http://www.usdoj.gov/opa/pr/2002/December/02_civ_725.htm

Seven Hospitals to Pay U.S. Over $6.3 Million to Settle False Claims Act Case. U.S. Department of Justice Press Release. June, 2002. Available from http://www.findarticles.com/p/articles/mi_pjus/is_200206/ai_2155221454/print

Seven Hospitals to Pay Over $6.3 Million to Settle False Claims Act Case. U.S. Department of Justice Press Release. 2002-06-04. Available from http://www.usdoj.gov/opa/pr/2002/June/02_civ_330.htm

Justice Department Intervenes in Medicare Fraud Case Against Duke University Medical Center. U.S. Department of Justice Press Release. 2002-04-23. Available from http://www.usdoj.gov/opa/pr/2002/April/02_civ_245.htm

Justice Department Intervenes in Medicare Fraud Case Against Two Southern California Hospitals. U.S. Department of Justice Press Release. 2001-11-29. Available from http://www.usdoj.gov/opa/pr/2001/November/01_civ_616.htm

Justice Department Announces Settlements Against Seven Hospitals for Over $5 Million. U.S. Department of Justice Press Release. 2001-06-01. Available from http://www.usdoj.gov/opa/pr/2001/June/242civ.htm

Pennsylvania Hospital to Pay United States $3.2 Million to Settle Medicare Billing Allegations. U.S. Department of Justice Press Release. 2000-08-23. Available from http://www.usdoj.gov/opa/pr/2000/August/497civ.htm

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News Stories

Catholic Healthcare settles Medicare suit. David R. Baker. San Francisco Chronicle. 2003-08-10. Available from http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/08/10/BU156593.DTL&type=business

Hospitals accused of improper charges. Foster Klug. Associated Press. 2003-01-15. Available from http://www.yourlawyer.com/articles/read/4313

Medicare suits target hospitals. United Press International (republished by the Hawaii Reporter). 2002-12-24. Available from http://www.hawaiireporter.com/story.aspx?7eb94125-784b-4914-820c-872bc1199bed

Hospitals cited in Medicare suits. Christine Woolsey. Crain's Chicago Business. 2002-12-18. Available from http://www.chicagobusiness.com/cgi-bin/news.pl?id=7439

Suit names Saint Thomas. Amanda Wardle. Nashville City Paper. 2002-12-17. Available from http://www.nashvillecitypaper.com/index.cfm?section=9&screen=news&news_id=18411

Hospitals accused of filing false claims. Gina Barton and Joe Manning. Milwaukee Journal-Sentinel. 2002-12-13. Available from http://www.jsonline.com/story/index.aspx?id=103015&format=print

Beth Israel pays $3.2M to settle false-claim suit. Boston Business Journal. 2002-10-23. Available from http://boston.bizjournals.com/boston/stories/2002/10/21/daily33.html

Hospital whistle-blower could pocket $20 million. Joseph D. Wilcox. Pittsburgh Tribune-Review. 2002-06-08. Available from http://www.pittsburghlive.com/x/pittsburghtrib/s_75422.html

Scripps Health settles fraudulent-billing claims. Cheryl Clark. The San Diego Union-Tribune. 2002-06-05. Available from http://maps.signonsandiego.com/news/business/20020605-9999_1b5scripps.html

Five local hospitals settle claims. JP Bender. South Florida Business Journal. 2001-06-05. Available from http://www.bizjournals.com/southflorida/stories/2001/06/04/daily12.html

Additional Resources

Robbins DB. National Fraud Enforcement Initiatives Involving Academic Medical Centers and Hospitals. 1999-06-30. National Association of College and University Attorneys (NACUA) web site. Available from http://web.archive.org/web/20050215220452/http://www.nacua.org/nonsearched/outline/xvi-99-06-1.pdf. Accessed 2006-02-18.

A handy list of settlements in health care litigation: BNA PLUS Health Care Fraud Settlements. Bureau of National Affairs. BNA web site. Available from http://www.bna.com/bnaplus/docs/doc_fraud.htm. Accessed 2006-02-18.


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Last Updated: 2007-04-01

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