The Middle District of Florida U.S. Attorney's Office for the Middle District of Florida announced last week that it had reached a $1 Million settlement with Tampa-based non-profit HPH Hospice over charges that the group violated the False Claims Act.

The government charged that HPH defrauded Medicare and Medicaid programs by billing for patients who were ineligible, overbilling for services and providing kickbacks for patient referrals.

The charges arose when two former employees of HPH filed a False Claims Act lawsuit, commonly known as a whistleblower lawsuit.

The revised False Claims Act allows those with evidence of fraud or false charges against the government to file lawsuits on the government’s behalf. As a reward, whistleblowers can share in the funds recovered.

The suit alleged that, from 2005 through 2010, HPH submitted claims for patients who did not need end of life care, admitted ineligible patients for care in order to meet targets, falsified medical records to support billing, overbilled for services and gave illegal kickbacks by providing free services to nursing facilities in exchange for patient referrals.

As part of the $1 million settlement, the two whistleblowers will collectively receive approximately $250,000 for a reward.

Since 1986, whistleblowers have helped taxpayers recover over $40 million by uncovering fraud in the healthcare, defense and banking industries.

For more information on cases involving fraud or the False Claims Act, contact the fraud experts at Riley Allen Law today.

Orlando negligent security lawyers are looking into the shooting death of a man at a Cocoa Beach hotel last week to see if the death could have been prevented with better conditions on the property or improved security.

Each year, thousands of people are injured or killed in robberies, attacks, rape or assaults on premises owned or operated by businesses. The owners of these properties may be held liable if the crime could have been anticipated or prevented with more adequate security.

A business that fails to maintain proper lighting or security personnel, or doesn’t address issues after a prior crime can serve as an invitation for future crimes. This may be due to the owners or operators putting profits before the safety of patrons.

Attacks due to negligent security can occur at hotels, restaurants, bars, apartment complexes, shopping centers, school campuses or at work.

In this case, an unidentified man was shot at the Fawlty Towers Motel a few blocks from the beach in Cocoa Beach last Friday.

Witnesses reported hearing multiple shots outside of their rooms around 11:20 am. Police came quickly to the scene but were unable to save the victim.

Police have yet to disclose the identity of the victim or whether he was a patron of the hotel. However, a witness estimated he was around 19 years old. They also reportedly have no suspect or description of the attacker, although a manager stated someone had fled the scene.

It is unknown whether prior acts of violence or threats had occurred on the hotel premises before, or whether they took the necessary steps to protect patrons. Authorities continue to investigate the incident.

If you or a family member were injured in an attack on the premises of a Florida hotel, theme park or business, and would like more information about your rights for a claim for negligent security, contact the firm of Riley Allen Law today.

While reports of accidents from high-speed tire blowouts often involve passenger cars or SUVs, it is important to know that a defective or improperly maintained tire can cause a dangerous accident on almost any vehicle.

A Florida man suffered severe injury last week and barely escaped death when a dump truck he was driving overturned and caught fire on interstate 75, in an accident authorities are blaming on a blown front tire.

According to the Florida Highway Patrol, the accident happened Thursday when 56-year-old Keith Mahabirsingh was traveling south on I-75 near mile 346 in a 2006 Peterbuilt dump truck. A front tire blew out, causing the truck, which was carrying limerock, to veer into the guardrail.

It then overturned onto the driver’s side, and trapped him inside as it burst into flames. Fortunately, passing motorists stopped and were able to pull Mahabirsingh out by breaking the windows.

However, Mahabirsingh suffered burns over 50% of his body, and was taken to Shands Hospital UF in Gainesville, where he was listed in serious condition.

According to the National Highway Safety and Traffic Administration, more than 22,000 car, truck and SUV accidents are caused each year by tire blowouts. These often happen on busy highways at high speeds with multi-passenger vehicles, and therefore can have drastic results.

Tire blowouts can be caused by improper tire inflation, improper use or from manufacturing defects. Often, it takes a trained engineer to determine the cause. In the case of tire defects, manufacturers can be held liable for the damages caused.

In the case of a blowout, drivers should not slow down or turn immediately, but instead should keep pressure on the gas pedal for a moment until the drag of the blown tire inevitably begins to slow the vehicle.

Riley Allen law specializes in catastrophic injury and death cases from tire blowouts and motor vehicle accidents. If you or a loved one have been involved in an accident involving a tire blowout, it is important to learn your legal options. Call us today for help.

June 19, 2013 – The Orlando personal injury lawyers at Riley Allen Law are looking into a car accident that happened this week in North Florida, near Jacksonville, between a car and a tour bus.

The accident, which occurred on Interstate 295, resulted in the death of the driver of the car.

Although an investigation is underway that will reveal the full cause of the accident, it appears from police records that the driver who was killed was traveling the wrong way on the interstate.

According to the Florida Highway Patrol, a charter bus carrying an entire minor-league baseball team was travelling in the northbound lane of Interstate 295 north of Pritchard Tuesday morning at just before 4:30 a.m. when it struck a black Honda Civic that was travelling in the wrong direction in the same lane.

Records show the driver of the bus took tried to avoid the crash by veering onto the grass shoulder, however the two vehicles struck. The driver of the Honda was pronounced dead at the scene. His name has not yet been released as authorities are trying to contact his family.

Fortunately, no one riding on the bus suffered any injuries. However, all northbound lanes on I-295 were closed for several hours while authorities tended to the accident scene and victims.

In Florida, those who cause the injury, death or property damage of another party through their actions or negligence are liable. Each day, Orlando car accident attorneys help people in Central Florida who have suffered loss.

In this case, the driver of the car, or their estate if they are deceased, could have faced liability for the damages caused by the accident and any injuries, if it is found that they caused the collision. Accident investigators say alcohol and the speed the car was traveling could have been a factor in this crash.

The tour bus involved in the accident was carrying the minor league baseball Fort Myers Twins, who are associated with the Minnesota Twins. They were travelling to Tennessee for a game, and were re-routed with another bus following the crash.

For more information on your rights following an accident or injury in Florida, contact the personal injury team at Riley Allen Law today.

June 5, 2013 - The Department of Justice announced last month that it had reached an agreement whereby medical device giant C.R. Bard will pay over $50 million to resolve charges that it paid illegal kickbacks to improve sales of a cancer treatment.

Interestingly, reports show the lawsuit which spurred the investigation may have been avoided had Bard acted more responsibly toward a loyal and observant employee.

The revised False Claims Act, also known as the whistleblower law, allows those with evidence of fraud or false charges against the government to file lawsuits on the government’s behalf. As a reward, whistleblowers can share in the funds recovered.

Since 1986, whistleblowers have uncovered extensive fraud in the healthcare, defense and banking industries, and returned billions to taxpayers.

This case was filed by former Bard brachytherapy manager Julie Darity, who claims she was fired after noticing the company providing grants, rebates and even free medical equipment to physicians and hospitals in return for using their radioactive brachytherapy seed prostate cancer treatment.

The practice, which allegedly occurred from 1998 through 2006, violated federal law when the hospitals billed Medicare for the treatment.

As is often the case, companies fire workers who are trying to correct unscrupulous practices rather than fix the problem.  In this case, Bard even billed Darity $250 to keep her work laptop, a spite which may have cost them over $50 million.

As part of the settlement, Bard will pay more than $48.3 million to settle the False Claims violations, a fine of $2.2 million, and take steps to improve corporate compliance efforts.

Bard, far from admitting any wrongdoing, issued a statement saying they were pleased to “finalize agreements with the government."

For her efforts in uncovering the fraud, Darity will be paid more than $10.1 million out of the settlement, according to the Department of Justice.

For more information on cases involving fraud or the False Claims Act, contact the fraud experts at Riley Allen Law today.

A vacation resort hotel near Sarasota was rocked earlier this month by the shooting death of a patron at point blank range at the hotel’s tiki bar. Now, attorneys are asking if better security by the hotel could have prevented the tragic death

Each year, thousands of people are injured or killed in attacks that occur on business premises. In many cases, property owners and businesses may be held liable for robberies, attacks, rape, assaults or homicides if they could have been anticipated or prevented with more adequate security.

Negligent security can result in injury or death at hotels, restaurants, bars, apartment complexes, shopping centers, school campuses or at work. In many cases, the operators put profits and cost cutting before the safety of patrons.

This latest shooting happened at Bentley's Resort Hotel in Osprey, Florida, south of Sarasota.

According to police reports, the victim, 48 year-old Philippe Nahon, was ordering drinks for he and some friends at the hotel Tiki Bar when he was shot at point blank range in the head by 23 year-old Michael Rice of South Carolina.

Hotel video surveillance shows Rice holding a semi-automatic pistol waist high as he stood beside Nahon at the Tiki bar near the hotel pool. After a bartender called 911, police arrested Rice and found an array of weapons and ammunition in his car.

Reports also indicate that Rice became angry at Nahon after the two shared a joke, and instructed him to sit down at the bar, which Nahon refused. A witness then saw Rice raise his weapon to Nahons head and fire.

There is no word yet on whether the hotel had experienced other acts of violence or threats on its premises in the past, or whether they took the necessary steps to protect patrons. Authorities continue to investigate the incident.

If you or a family member were injured in an attack on the premises of a Florida hotel, theme park or business, and would like more information about your rights for a claim for negligent security, contact the firm of Riley Allen Law today.

The firm learned of a recent tragic case in which a St. Pete man was killed while working in a hotel elevator shaft due to unsafe conditions.

Authorities last week reported that 45-year old Mark Johnson was killed on April 24th while working in the elevator shaft at the Tradewinds Resort Jacaranda Beach Villas in St. Petersburg Beach.

According to the Pinellas County Sheriff's Office, Johnson and another employee of SWS Environmental Services were cleaning oil from the shaft when the accident occurred.

Maintenance workers for the hotel had reportedly locked the elevator in place prior to the men starting work. However, after they had been in the shaft for around 40 minutes, the elevator fell, killing Johnson.

Fortunately, the second SWS employee was not injured in the accident. So far, authorities have not determined the cause of the accident, but continue to investigate.

If you or a family member would like more information about your rights following an injury or death that occurred on the premises of a Florida hotel, theme park or business, contact the firm of Riley Allen Law today.

Only, this time, the company may face even stiffer penalties since its actions also violated a Corporate Integrity Agreement it signed as part of settling the last case.

Federal prosecutors with the Department of Justice announced this week that they were charging Novartis with paying illegal kickbacks to at least 20 pharmacies, which were disguised as rebates.

The kickbacks promised pharmacies discounts and bonuses of between 5% and 20% for getting a large number of patients to switch from rival drugs to its immunosuppressant Myfortic, or to keep them from switching to a competitor.

According to U.S. Attorney Preet Bharara, this resulted in thousands of patients switching brands and “caused the public to pay tens of millions of dollars for kickback-tainted drugs." He also added that it transformed pharmacists from independent health experts into salespeople for the drug maker.

The government will join a False Claims Act qui tam lawsuit previously filed by a whistleblower who uncovered the practice. Under the revised qui tam provisions of the False Claims Act, those with evidence of fraud against government programs can file suit on behalf of taxpayers and share in the reward.

The case is noteworthy as Novartis settled a similar investigation in 2010 for a total of $422 million, in which it was accused of paying kickbacks to doctors to persuade them to prescribe its blood pressure drugs Diovan, Exforge and Tekturna.

At that time, they signed a 5-year Corporate Integrity Agreement promising better behavior and agreeing to set up a variety of programs to make sure it stayed within the marketing lines in the future.

Experts predict this latest misstep could cost Novartis dearly. Since it allegedly violated the agreement, it could face higher-than-usual criminal penalties. The recent $1.3 billion settlement by Pfizer, the largest in history, came after that company also defied a prior integrity agreement.

For more information on cases involving fraud or the False Claims Act, contact the fraud experts at Riley Allen Law today.

The van was traveling north from Miami for a mission trip when the accident occurred just after 7:00 pm around 15 miles north of Yeehaw Junction. 42-year-old Willem Camille was driving the 2001 Ford when a tire blowout caused the vehicle to roll several times on the busy highway.

46-year-old Merlande Chery of North Miami, who was a passenger, was ejected during the incident and was pronounced dead at the scene. Also, the driver and 18 other passengers, many of whom were children, were rushed to local hospitals. Three with more serious injuries were airlifted by helicopter.

According to the Florida Highway Patrol, the van was designed to carry 15 people but was travelling with 20 at the time of the accident. They attributed the rollover to a sudden loss of pressure from tire tread separation, but no details are available to show if the increased occupancy was a factor. The accident remains under investigation.

The National Highway Safety and Traffic Administration reports that over 22,000 car, truck and SUV accidents are caused each year by tire blowouts. These can be fatal as they often happen at high speeds with multi-passenger vehicles.

Tire blowouts can be caused by improper tire inflation, improper use or from manufacturing defects. Often, it takes a trained engineer to determine the cause. In the case of tire defects, manufacturers can be held liable for the damages caused.

In the case of a blowout, drivers are instructed not to slow down or turn immediately, but rather to keep pressure on the gas pedal for a moment until the drag of the blown tire inevitably begins to slow the vehicle.

Riley Allen law specializes in catastrophic injury and death cases from tire blowouts and motor vehicle accidents. If you or a loved one have been involved in an accident involving a tire blowout, it is important to learn your legal options. Call us today for help.

Benjamin Carter worked as a water purification operator for Halliburton under a government contract during the conflict in Iraq. In 2006, he filed a False Claims Act qui tam case alleging that his employer was not purifying water as contracted and was forcing employees to falsify time cards to inflate hours.

After he fought dismissal of his case two times, a court ruled on his third filing that his statute of limitations had expired and someone else had beat him in filing a similar action.

However, an appeals court clarified that the statute of limitations for False Claims Act cases is suspended during times of war and the “first-to-file” rule doesn’t apply to someone who had their first claim dismissed.

Fortunately, Carter will have the opportunity to pursue his case to show whether or not Halliburton actually defrauded taxpayers and put our service personnel at risk by performing shoddy work during wartime.

This is fitting as the False Claims Act was originally enacted by President Lincoln during the Civil War to protect Union troops, after war contractors were found to have supplied them with rotten food, outdated weapons and decrepit horses.

In modern times, the revamped False Claims Act allows those with evidence of fraud against the government to file a lawsuit on the government’s behalf and share in the amount recovered as an award.

Since 1986, it has been instrumental in recovering billions from unscrupulous companies in the healthcare, securities and defense industries. However, anytime the law can punish fraud and protect our troops at the same time is a good thing.

The case is United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013).

For more information on cases involving fraud or the False Claims Act, contact the fraud experts at Riley Allen Law today.