United States of America, and the State of California, ex rel Elize Oganesyan v. Damon Davies
Published: Jul. 29, 2022 | Result Date: Jun. 9, 2022 | Filing Date: Oct. 25, 2017 |Case number: 2:17-cv-02236-KJM-JDP Settlement – $9,480,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
J. Bernard Alexander III
(Alexander Morrison + Fehr LLP)
Colleen M. Kennedy
(Office of the U.S. Attorney)
Rachel J. Muoio
(Office of the U.S. Attorney)
Robert S. Oswald
(The Employment Law Group)
Catherine J. Swann
(Office of the U.S. Attorney)
Elizabeth S. Voorhies
(Office of the Attorney General)
Defendant
Nicholas D. Jurkowitz
(Fenton Law Group, LLP)
Facts
Minas Kochumian, M.D. is an internal medicine practitioner with a medical practice located in Northridge, California. Dr. Kochumian performed medical services that were billed to and paid for by Medicare and Medicaid. Dr. Kochumian's former medical assistant, Elize Oganesyan, and his former information technology consultant, Damon Davies, brought an action under the whistleblower provisions of the California and Federal False Claims Act against Dr. Kochumian, his wife, Veronica Kochumian, and Minas Kochumian MD, A Medical Corporation.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that between November 2011 and April 2018, defendants defrauded Medi-Cal by knowingly billing for medical services, tests, and procedures which were not provided to patients. Plaintiffs also claimed that defendants had scienter and billed Medicare and Medi-Cal at abnormally high rates.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
The case settled for $9.48 million. As part of their share of the settlement, plaintiffs will receive $116,568 and California will receive $630,099.
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