McInnis Law: Whistleblower Case against Mount Sinai Hospital Ends in Settlement

NEW YORK, Jan. 25, 2018 /PRNewswire/ -- On January 23, 2018, United States District Judge Richard M. Berman, Southern District of New York, dismissed with prejudice a whistleblower lawsuit against Mount Sinai Hospital in New York City after the parties reached a settlement agreement resolving all matters between them. The case was brought by two Mount Sinai employees in 2013 under the federal and New York State False Claims Acts. Their complaint had alleged, among other things, that Mount Sinai's radiology department falsified the names doctors on claims submitted to Medicare and Medicaid for reimbursement by saying certain doctors had rendered the services to the patients, when, in fact they had not. The case was initially presented to the U.S. and New York State governments and both declined to join in the matter. Under the so-called "qui tam" provisions of the federal and New York State False Claims Acts, the two whistleblowers were able to go forward with the action on their own. The settlement came following a mediation session which took place after Mount Sinai was unable to get the case dismissed early on and again after discovery had been completed, according to court records.

The terms of their settlement agreement with Mount Sinai are not being publicly released by the two whistleblowers. And, the amount of any possible award to them has not been finalized or announced as of the time of this release. However, in a declined case, such as this one, a whistleblower is ordinarily entitled to receive between 25% and 30% of the government's recovery, according to one of the whistleblower's attorneys, Timothy J. McInnis, of NYC-based McInnis Law, who was assisted on the matter by of counsel, Richard F. Bernstein. Attorney Thomas R. Fallati, of Tabner, Ryan and Keniry (Albany, NY) also joined the whistleblower's legal team after they had successfully fended off Mount Sinai's first motion to dismiss.

The case is captioned United States and State of New York, ex. Rel. Xiomary Ortiz and Joseph Gaston v. Mount Sinai Hospital, Mount Sinai School of Medicine and Mount Sinai Radiology Associates (1:13-cv-04735 (RMB)(BCM).

CONTACT: Timothy J. McInnis, Esq., 1-212-2924573, [email protected]

SOURCE McInnis Law