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Qui Tam and Employment Retaliation

Contuning Legal Education (“CLE”) Lecture Association of the Bar of the City of New York by Timothy J. McInnis, Esq.* ” Whistleblowing, Qui Tam and Employment Retaliation Cases, Potential Opportunities and Hidden Landmines” (Primarily For Plaintiffs’ Counsel) New York City —The news is full of stories of multi-million dollar “bounties” paid to whistleblowers. To the inexperienced plaintiffs’ attorney these reports may raise unrealistic expectations about what is possible in his/her practice; they may also cause smaller, more certain cases to be overlooked. In any event, the news reports seldom point out the many difficulties associated with these kinds of cases. This program is designed as a primer to expose plaintiffs’ attorneys, including those who practice employment law, to the fundamental concepts in this area of law. It will combine theoretical analyses with pragmatic suggestions, including many beguiling ethical issues that are inherent in most whistleblower cases. The core of the program will center on representative, but not exclusive, statutes with whistleblower bounty, qui tam and/or anti-retaliation provisions. Within this framework it will discuss how to spot and evaluate whistleblower cases and how to proceed to a successful end result. If the program’s objectives are met, the uninitiated plaintiffs’ lawyer will better positioned to identify good cases, will generally understand the basics of how to prosecute them and will have some idea of the types of pitfalls that must be avoided. All attendees should leave with a better appreciation for this “high risk—high reward” area of practice. For more information about this program please contact McInnis Law. *Jan. 18, 2005 Presentation

 

"Tim McInnis is an amazing attorney. He is intelligent, thorough, ethical, kind and he works very strategically in order to insure the best outcome for his clients. I would trust him with my life. He is not only an excellent attorney, but he is a compassionate person."
Denise A. Romano, January 2004

"Tim McInnis is a superb lawyer for whistleblowers. As both a relator and a lawyer I worked with for more than three and a

On October 14, 2020, medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, agreed to pay $18 million to settle allegations the company helped submit false claims to the federal Medicare and TRICARE programs and numerous state Medicaid programs by giving kickbacks to physicians and hospitals to induce the purchase and use of MMSI’s durable medical equipment devices and products. NYC attorney Timothy J. McInnis was a member of the legal team that successfully represented the whistleblower in the case, Charles J. (“CJ”) Wolf, M.D., who was the former Chief Compliance Officer of MMSI.

 

According to Dr. Wolf’s complaint and the government’s settlement agreement, for over six years MMSI paid kickbacks to physicians, medical practices, and hospitals. The payments were made indirectly under the guise of free advertising assistance, practice development, practice support, and so-called “educational” grants. All of this was intended to induce the healthcare providers to purchase and use MMSI’s products, including EmboSphere devices, which are used for uterine fibroid embolization procedures, and QuadraSphere devices, which are used for other types of embolization procedures. Among other things, MMSI used local advertising campaigns to steer patients to healthcare providers as a reward for past sales and to increase future purchases of MMSI products. Dr. Wolf and the government further alleged that MMSI disregarded numerous internal warnings, including from Dr. Wolf, that MMSI’s sales practices potentially violated the healthcare Anti-Kickback Statute (AKS).

 

The lawsuit was filed in the federal court in District of New Jersey, where attorney McInnis formerly served as an Assistant U.S. Attorney. The case is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). Of the $18 million MMSI is paying to settle the case, $15.21 million will be go to the U.S. Treasury, and the remaining $2.79 million will go to the approximately 30 individual states that also joined the lawsuit.

half years and his counsel and perseverance were always spot on. His work was critical to a successful settlement of the case."
Stephen B. Diamond, Esq., August, 2016

"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute."
Don A. Briscoe, September 2016

"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute."
Don A. Briscoe, September 2016

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