CONSUMER PROTECTION | Healthcare Fraud Class Actions

Fighting for fair care.

Our primary objective is to bring a full measure of justice to healthcare participants through the courts, while holding corporate wrongdoers responsible.

Overview

We represent healthcare participants in a range of healthcare fraud-related class actions against hospitals, health maintenance organizations (HMOs), and other healthcare providers, as well as insurance companies, pharmacies, and third-party administrators involving:

  • Billing Schemes, including Excessive, Hidden, or Inflated Fees
  • Diagnostic Testing Facility Fraud
  • Co-Pay and Insurance Premium Increases
  • Delay or Denial of Care (class only)
  • Deceptive Marketing, including “Off-label” Marketing of Non-FDA Approved Pharmaceuticals and Medical Devices
  • False Advertising and Non-Disclosure Claims
  • False Medical Claims and Records Management Fraud
  • Hospice and Homecare Fraud
  • Hospital and Health System Fraud
  • Insurance Fraud
  • Medicaid and Medicare-related Fraud
  • Nursing Home and Skilled Nursing Fraud
  • Pharmacy Schemes
  • Telehealth Fraud
  • Other Unfair Business Practices

WHAT SETS US APART

  • Our team brings deep experience to the area of healthcare fraud class actions under state and federal consumer laws across the United States. We’ve worked hand-in-glove with state attorneys general in some of the largest healthcare fraud investigations and litigation to date; we have class action leadership experience; and significant jury trial experience. While not a class action, we tried Chipps v. Humana which has been recognized by the American Association for Justice as one of the most influential healthcare lawsuits of its kind.
  • We have found that consumer-based healthcare fraud claims often involve a complicit system of healthcare entities, leading to exacerbated claims that extend into other legal disciplines, such as fraud against the government and other unfair competition and health plan claims. Our colleagues in the Whistleblower, Antitrust, and ERISA practices are at the ready to assist clients and co-counsel alike when additional legal perspectives are needed.
  • As a result of decades of experience investigating and litigating healthcare fraud class action claims, we are familiar with how fraud may reveal itself across the industry, including fraud that may be propelled by economic or health crisis, such as COVID-19. Furthermore, we have an extensive network of third-party industry experts and other specialized service providers, nationwide, who are able to assist in addressing myriad investigation, fact-pattern, and discovery requirements. We also have the internal resources to efficiently handle complex discovery, ensuring streamlined, efficiencies of scale, in large class actions.

We are recognized by the judiciary and co-counsel alike for leading, managing, and collaborating on large, complex class actions. We co-counsel nationwide.

MAKING AN IMPACT

  • Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein successfully oversaw a state-wide consumer class action, in which plaintiffs alleged that post-car accident emergency room patients were billed inflated fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection (PIP) insurance. In December 2018, the court granted final approval of an injunctive relief settlement of $220 million.
  • Nationwide (N.D.N.Y.) and Country Life (Cook Cty. Ill. Cir. Ct.): Cohen Milstein helped lead two consumer class actions against major insurance companies, in which plaintiffs asserted that the insurers participated in sales marketing abuses in the marketing of so-called “vanishing premium policies.” Plaintiffs claimed that insurance agents sold insurance policies to unsuspecting consumers promising that after a relatively short time the dividends generated from the policy would be so high as to be able to fully pay the premiums. In fact, the calculations of the policies were based on unrealistic interest rate projections and, therefore, the premiums never “vanished.” Nationwide resulted in a settlement valued at between $85 million and $103 million, while a settlement with Country Life made $44 million in benefits available to policyholders.

Past Cases

Herrera et al v. JFK Medical Center Limited Partnership and HCA, Inc.

Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein was lead counsel in a class action lawsuit alleging that four Florida plaintiffs and others like them were billed inflated and exorbitant fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection insurance. When the district court struck plaintiffs’ class claims, Ms. Martin successfully petitioned the Eleventh Circuit Court of Appeals to accept immediate appellate review and obtained a reversal of the district court’s order. Cohen Milstein resolved the case and secured final approval of a $220 million injunctive relief settlement.