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RPWB Represented a Whistleblower who Helped the Federal Government Recoup $1.7 million

ORLANDO, Fla. – The federal government has recouped $1.7 million from a healthcare provider who fraudulently billed Medicare and TRICARE for medical procedures that were not deemed necessary and were performed by an unqualified technician.

In the settlement agreement, Jena Medical Group LLC, as well as several individuals associated with the company, have agreed to repay federal payments to resolve allegations that they violated the False Claims Act by submitting the claims for radiofrequency ablations.

The case began with a whistleblower action brought by a former employee of the company. The whistleblower was represented by RPWB attorneys Chris Tuck, Bobby Wood and Chuck Dukes.  The investigation revealed that the company billed Medicare and TRICARE for radiofrequency ablations that were not medically necessary and were performed by an unqualified technician from January 2018 to December 2020.  Jena Medical also permitted the washing and re-use of catheters that were designed for a single use, thus putting the patients at unnecessary risk.

By law, people with information about fraudulent claims submitted to the government for payment can sue under qui tam, or whistleblower, provisions of the False Claims Act. The act allows such whistleblowers to share in the government’s recovery.

“The False Claims Act gives an additional incentive for people to report fraud perpetrated against taxpayers,” said RPWB attorney Chris Tuck. “In this case, the relator was able to help the federal government recoup a significant amount of money and share in the proceeds. We urge anyone with first-hand knowledge of fraud perpetrated against the federal government to consult with an attorney at RPWB for a confidential case review.”

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    With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

    Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

    This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

    RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

    Beth Burke is personal injury lawyer of the year in Charleston, S.C.

     

    Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

    Mount Pleasant, S.C.

    Nina Fields Britt – Mass Tort/Class Actions Litigation

    Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

    Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

    Kim Keevers Palmer – Mass Tort/Class Actions Litigation

    Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

    Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

    Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

    Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

    Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

    Ed Westbrook – Mass Tort/Class Actions Litigation

    Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

    Charleston, S.C.

    Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

    Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

    Aiken, S.C.

    Dave Butler – Personal Injury & Product Liability Litigation

    Ken Wilson – Personal Injury & Product Liability Litigation

    Edwardsville, Ill.

    Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

    Ones to Watch

    Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

    • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
    • Matt Nickles is honored for personal injury and product liability litigation.
    • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

    About Best Lawyers

    Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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      Top-Listed Firm for Personal Injury, Product Liability and Mass Torts

      RPWB is the top-listed plaintiff law firm in South Carolina for personal injury, product liability and mass tort litigation in the 2021 edition of The Best Lawyers in America®.

      In all, 14 RPWB attorneys were named Best Lawyers in their respective practice areas. Two other RPWB lawyers were named “Ones to Watch,” a designation for younger, up-and-coming attorneys.

      Also in the 2021 edition of Best Lawyers, two RPWB attorneys were honored as lawyers of the year in Charleston, SC.

      Elizabeth Middleton Burke honored for her work on product liability litigation. Burke is one of the leaders in the national product liability litigation against 3M for manufacturing faulty earplugs for service members.

      Thomas Rogers received the distinction for his work on medical malpractice cases

      RPWB’s Best Lawyers

      Jena L. Borden

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Michael J. Brickman

      • Litigation – Securities
      • Mass Tort Litigation / Class Actions – Plaintiffs

      Nina Fields Britt

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Elizabeth M. Burke

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      J. David Butler

      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Jerry Hudson Evans

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Gregory A. Lofstead

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Christiaan Marcum

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Kimberly Keevers Palmer

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Charles W. Patrick, Jr.

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Thomas D. Rogers

      • Medical Malpractice Law – Plaintiffs
      • Personal Injury Litigation – Plaintiffs

      A. Hoyt Rowell III

      • Health Care Law
      • Mass Tort Litigation / Class Actions – Plaintiffs

      T. Christopher Tuck

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Edward J. Westbrook  

      • Mass Tort Litigation / Class Actions – Plaintiffs

      Kenneth J. Wilson

      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Robert S. Wood

      • Mass Tort Litigation / Class Actions – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      RPWB’s ‘Ones to Watch’

      D. Charles Dukes

      • Antitrust Law
      • Commercial Litigation

      Matthew A. Nickles

      • Personal Injury Litigation – Plaintiffs
      • Product Liability Litigation – Plaintiffs

      Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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        $1.5 Billion Syngenta Corn Farmer Settlement Finalized

        Corn Farmer Settlement Checks Are On The Way

        This week we received some very good news for corn farmers nationwide who suffered price losses associated with the botched launch of genetically-modified corn seed by Syngenta in 2013. On January 3, 2020, the U.S. District Court for the District of Kansas in Kansas City approved a $1.5 billion settlement to compensate thousands of farmers for their losses.

        RPWB, along with our Beaumont, Texas- based co-counsel Mitchell Toups of Weller, Green, Toups & Terrell, LLP and Richard Coffman of the Coffman Law Firm, represented the owners of 2,600 farms growing roughly 500,000 acres of corn who saw the value of their corn plummet when China rejected imports of American corn due to it being co-mingled with corn grown from Syngenta Agrisure Viptera seed. The product has since been allowed by Chinese officials.

        Corn farmers who are part of the settlement are receiving Notice of Determination forms that calculate the portion of the settlement they will receive when the checks are distributed later this year. We anticipate the checks will go out in late spring or early summer 2020. Unfortunately, there is still no way to calculate how much each farmer will receive until the Settlement Administrator verifies the total bushels of corn produced by all members of the settlement. We expect that information will be forthcoming in short order.

        There is just one more step for eligible corn farmers. They must complete, sign, and submit an IRS W-9 form to the Claims Administrator to be paid. They may do so in one of two ways: (1) go to www.CornSeedSettlement.com and click SUBMIT MY W-9 FORM, or (2) complete the W-9 form included in the NOD, and mail it to: Corn Seed Settlement Program Claims Administrator, P.O. Box 26226, Richmond, Virginia 23260. There is no deadline to submit your IRS W-9 form, but until you do, you won’t be paid.

        We have appreciated the opportunity to represent such a hard-working, friendly and deserving group of people on this important case. Please let us know if you have any questions.

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