USA v. Dynamic Medical Systems
Published: May 10, 2024 | Result Date: Oct. 18, 2023 | Filing Date: Dec. 28, 2017 |Case number: 1:17-cv-01757-WBS-SAB Bench Decision – Dismissal
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Colleen M. Kennedy
(Office of the U.S. Attorney)
Jennifer S. Gregory
(Office of the Attorney General)
Defendant
Scott A. Memmott
(Morgan, Lewis & Bockius LLP)
Howard J. Young
(Morgan, Lewis & Bockius LLP)
Kayla S. Kaplan
(Morgan, Lewis & Bockius LLP)
Jonathan P. York
(Morgan, Lewis & Bockius LLP)
Michelle M. Arra
(Morgan, Lewis & Bockius LLP)
Eric J. Beste
(Barnes & Thornburg LLP)
Scott J. Kiepen
(Hooper, Lundy & Bookman PC)
Mark S. Hardiman
(Nelson Hardiman LLP)
Bridget A. Gordon
(Hooper, Lundy & Bookman PC)
Joseph R. Lamagna
(Hooper, Lundy & Bookman PC)
Stephanie A. Gross
(Hooper, Lundy & Bookman PC)
Katrina A. Pagonis
(Hooper, Lundy & Bookman PC)
Facts
Plaintiffs the United States of America and the State of California sued, through a qui tam action brought by relator Thomas Turner, several health care management companies, asserting federal and state False Claims Acts violations. According to relator, Dynamic Medical Systems' employees corresponded about engaging in a fraudulent scheme to eliminate competition and engaged in fraudulent billing practices. However, defendants argued that relator failed to allege pertinent information with the specificity required when asserting fraudulent scheme allegations, for example, by failing to provide the specific timeframe of the purported business relationships during which the false claims were submitted; failing to identify when the allegedly fraudulent contractual rates and terms were actually charged or allegedly submitted as a false claim.
Result
The second amended complaint was dismissed with prejudice.
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