Verdicts and Settlements
Working with an internal whistleblower, Attorney Warner Mendenhall, the Law firm of McLaughlin and McCaffrey, LLP, and Assistant United States Attorneys Alex Rokakis and Michelle Heyer have worked for four years to expose False Claims by St. Jude Medical, Inc.. As a result of the investigation, St. Jude has agreed to return $3.75 million dollars to the federal government to settle the allegations that St. Jude used improper incentives to gain market share for its cardiac devices. The whistleblower will receive $640,000 as a reward for his assistance to the United States.
St. Jude Medical is a medical device manufacturer headquartered in St. Paul, Minnesota. Its primary business is the manufacture and sale of cardiac medical devices such as pacemakers and implantable cardiac defibrillators (“ICDs”). The case hinged on whether or not St. Jude was providing illegal incentives to doctors and hospitals to purchase their medical devices. Warner Mendenhall stated that "The incentives had a tremendous impact on the Doctors independent decision making. These types of incentives to gain market share shortchange patient care options for doctors and patients alike. These incentives have more to do with sales than patient well-being." The Complaint can be found at http://www.docstoc.com/docs/39559633/US-ex-rel-Hudson-v-St-Jude-Medical.
Department of Justice announcement of settlement is here: http://www.justice.gov/opa/pr/2010/June/10-civ-658.html
From the Plain Dealer
Posted by Karen Farkas June 04, 2008 10:49AM
Categories: Breaking News
Akron -- A Summit County Probate Court jury has ordered the University of Akron to pay $3.1 million for land and a parking lot needed for the university's proposed residential hall.
The university had offered about $1.4 million based on appraisals but owners Joe and Mona Nemer refused and the eminent domain issue went to court. Ted Curtis, vice president for capital planning and facilities management, said the university will likely pay but attorneys will consider an appeal.
The university has been acquiring land in blocks along East Exchange and Spicer streets for years to build a new stadium and residence hall. Agreements were reached with most land owners but a few went to court.
Prior to Tuesday's verdict that the university had already spent the $5 million that had been budgeted for land acquisition and demolition, Curtis said.
The last parcels in dispute are owned by Manny and Colette Nemer and a trial is scheduled for later this month.
To obtain overtime records for two City of Akron secretaries, Warner Mendenhall sued under Ohio’s Public Records Statute which provides a strong tool for citizen oversight.The statute provides the successful citizen with a chance to recover attorney’s fees spent in pursuit of public records and a $1000.00 penalty for each record destroyed improperly. These incentives led to a $1.7 million dollar verdict at trial and a $983,000.00 settlement in Kish v. City of Akron in early 2007. The Ohio Supreme Court heard this case. The decision is at:http://www.sconet.state.oh.us/rod/docs/pdf/0/2006/2006-ohio-1244.pdf.
The language in that decision is beautiful. For example:
Whatever your case, initial consultations are free of charge. We represent people trying to do the right thing. Our clients include local, state, and federal whistleblowers, families struggling with banks and overwhelming debt, and citizens fighting to keep our democracy strong. We help recover local, state, and federal funds that were wrongfully disbursed under state and federal false claims acts.
Former Silver Lake, Ohio Mayor Dr. Warner Mendenhall may be emailed at warnermendenhall@sbcglobal.net
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