The DaVita Healthcare Partners settlement of 2014 was a defining moment in the fight against illegal financial relationships in healthcare. It is a key case in demonstrating how whistleblowers can expose physician kickback schemes hidden behind legitimate-looking business deals. DaVita, one of the largest kidney care/dialysis providers in the U.S., agreed to pay $389 million […]
Beyond expanding coverage, the Affordable Care Act (ACA) reshaped healthcare fraud enforcement. At Barrett Johnston, we see its fraud provisions as some of the most impactful reforms in modern healthcare law. The ACA strengthened the False Claims Act (FCA) and the Anti-Kickback Statute (AKS), clarifying that any claim tainted by a kickback is automatically a
The Anti-Kickback Statute (AKS) has long been a cornerstone of healthcare fraud prevention — but it wasn’t always enforced with the rigor we see today. The expansion of the AKS over time reflects a growing national commitment to ethical healthcare practices. Originally enacted in 1972, the AKS made it illegal to knowingly offer or receive
In 2012, Abbott Laboratories agreed to pay $1.5 billion to resolve criminal and civil allegations related to the unlawful promotion of its anti-seizure drug, Depakote. For Barrett Johnston, this case stands as a powerful example of how whistleblowers can hold even the largest pharmaceutical companies accountable for deceptive practices. Abbott was accused of marketing Depakote
Abbott Laboratories $1.5 Billion Settlement (2012) Read More »
When the Dodd-Frank Wall Street Reform and Consumer Protection Act became law in 2010, it introduced sweeping financial reforms — and its impact went far beyond Wall Street. At Barrett Johnston, we view Dodd-Frank as a landmark in the evolution of whistleblower protections and incentives across all industries, including healthcare. The Act established the Securities
We often remind clients that the False Claims Act (FCA) — though written during the Civil War — is continually shaped by modern court decisions. Over the decades, several U.S. Supreme Court rulings have refined how the FCA is interpreted, influencing everything from what counts as a “false claim” to how whistleblowers can recover damages.
Notable Supreme Court Rulings on FCA Interpretation Read More »
The Civil Monetary Penalties Law (CMPL) is a critical but sometimes overlooked companion to the False Claims Act. While the FCA focuses on fraud, the CMPL targets a wide range of misconduct that wastes federal healthcare funds. When the conduct at issue concerns federal healthcare programs such as Medicare, the CPML is generally administered by
The Tenet Healthcare fraud case of 2006 revealed just how deeply kickback schemes and improper financial incentives can distort patient care in the U.S. healthcare system. At Barrett Johnston, we point to this case as a key example of how whistleblowers expose corruption that harms both patients and taxpayers. In 2006, Tenet Healthcare Corporation, one
When fraud occurs in the healthcare system, the financial consequences can be staggering. That’s why damages and penalties under the False Claims Act (FCA) and related laws are structured to deter misconduct while rewarding accountability. At Barrett Johnston, we’ve helped clients understand how these numbers add up — and why they matter. Under the FCA,
The Whistleblower Protection Act of 1989 (WPA) marked a defining moment for federal employees who risked their careers to report wrongdoing. At Barrett Johnston, we view it as a foundational piece of modern whistleblower law — one that inspired broader protections across industries, including healthcare. The WPA was designed to protect federal employees who disclose
