According to data compiled by DoJ, 2013 was yet another record year for fraud recoveries, totaling more than $3.8 billion in damages, fines, and penalties against the people and companies who sought to cheat the United States. The vast majority — more than $2.9 billion — was attributable to whistleblower suits brought by insiders under the federal False Claims Act.
2013 saw three Frohsin & Barger cases settle favorably for the United States:
- Beginning in February, Frohsin & Barger successfully concluded a qui tam action in the Eastern District of Virginia against a skilled nursing provider for allegedly presenting false claims under the Medicare skilled nursing benefit for therapy services that were excessive, duplicative, performed without clear goals or direction, and, in some instances, performed primarily to capture higher reimbursement rates.
- In March, Frohsin & Barger settled a False Claims Act qui tam action with Tennessee-based home health provider Techota, LLC, operating in rural Alabama under the name Cahaba Valley. The settlement resolved a two-year investigation into the company’s alleged practices of billing for non homebound patients, for medically unnecessary services or services that were never performed, and for predatory marketing tactics. U.S. Attorney George Beck praised attorneys at Frohsin & Barger for their efforts, stating: “Our office is grateful to the law firm of Frohsin and Barger who represented Ms. McDonald and brought this injustice to our attention.”
- Finally, in July Frohsin & Barger concluded a qui tam action against Tampa-based hospice provider, HPH Hospice, for allegedly billing Medicare for patients whom it knew or should have known were not terminal and did not qualify for the Medicare Hospice Benefit.
Additionally, 2013 saw DoJ file suit in intervention in Kansas City, Missouri, against the nation’s largest for-profit hospice provider, Vitas Corporation (a division of Chemed, whose other business is national septic-cleaning company Roto-Rooter). The suit in intervention by the DoJ validates a qui tam whistleblower suit filed by Frohsin & Barger in 2009 on behalf of Michael Rehfeldt, a former General Manager for the company.
Outside the qui tam arena, 2013 also saw Frohsin & Barger favorably resolve a case on behalf of a client who had been wrongfully sued by his former accounting practice, silencing a $1M+ damage claim and achieving a consent judgment in excess of $800,000 on the client’s counterclaim.
In 2013 Frohsin & Barger attorneys were again resoundingly endorsed by their peers with individual and firm recognitions from Best Lawyers, SuperLawyers, U.S. News & World Reports, Martindale-Hubbell, Business Alabama, and Birmingham Magazine. Benchmark Plaintiff listed Frohsin & Barger as one of the top 10 plaintiff-oriented law firms and among the top 25 overall litigation firms in Alabama, listing Jim Barger as one of the top 50 plaintiff lawyers in the state.