Yates v. Pinellas Hematology & Oncology, P.A. et al

Middle District of Florida, flmd-8:2016-cv-00799

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Pageld 4683 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA ex. rel. MICHELE YATES, Plaintiff, CASE NO. 8:16-cv-799-T-02TGW PINELLAS HEMATOLOGY & ONCOLOGY, P.A. and PRATIBHA DESAI, Defendants. VERDICT DR. PRATIBHA DESAI A. PLAINT PLAINTIFF'S CLAIM NUMBER ONE AS TO DR. PRATIBHA DESAI That the Defendant Dr. Pratibha Desai made claims for patient visits, where the patients were seen by Dr. David Dresdner, where the claim for reimbursement forms were filled out to falsely show that the patients had been seen by Dr. Desai. As to Plaintiff's Claim Number One, against Dr. Pratibha Desai, do you find from a preponderance of the evidence: 1. That the Defendant Dr. Prathibha Desai knowingly presented PagelD 4684 materially false claim(s) to Medicare that showed that patients had been seen by Dr. Desai, when they had not been seen by Dr. Desai? Answer "Yes" or "No" as to Defendant Dr. Pratibha Desai only: No If you answered "No," you need not answer the remaining questions as to Claim One, and you should proceed to Claim Two. 2. If you answered "Yes" to Question One, how many materially false claims do you find from a preponderance of the evidence were submitted by Dr. Pratibha Desai to the United States for payment? Number of Claims 3. If you answered "Yes" to Questions One and Two, and based on the number of false claims you found in Question Two, what sum of money do you find from a preponderance of the evidence to be the total amount of the United States' damages attributable to Dr. Pratibha Desai for Claim One? B. PLAINTIFF'S CLAIM NUMBER TWO AS TO DR. PRATIBHA DESAI That the Defendant Dr. Pratibha Desai made claims for laboratory blood work performed at Defendants' Bayfront office, which was not CLIA certified, that were altered to falsely show that the laboratory test had been performed at Defendants' Park Place office, which was CLIA certified. 2 PageID 4685 As to Plaintiff's Claim Number Two against Dr. Pratibha Desai do you find by a preponderance of the evidence: 4. That the Defendant Dr. Pratibha Desai knowingly presented materially false claim(s) to Medicare that showed that laboratory tests performed at Defendants' Bayfront office were altered to falsely show that the tests had been performed at Defendants' Park Place office? Answer "Yes" or "No" as to Defendant Dr. Pratibha Desai only: No If you answered "No" you need not answer the remaining questions as to Claim Two, and you should proceed to Claim Three. 5. If you answered "Yes" to Question Four above, how many false claims do you find from a preponderance of the evidence were submitted by Defendants to the United States for payment? Number of Claims 6. If you answered "Yes" to Question Four above, and based on the number of false claims you found in Question Five, what sum of money do you find from a preponderance of the evidence to be the total amount of the United States' damages attributable to Claim Two? PageID 4686 PLAINTIFF'S CLAIM NUMBER THREE AS TO DR. PRATIBHA DESAI Do you find by a preponderance of the evidence: 7. That Defendant Dr. Pratibha Desai retaliated against Ms. Yates for taking good faith actions in furtherance of a False Claims Act lawsuit? Answer "Yes" or "No". If you answered "No," please stop here, and your foreperson should sign and date the last page of this verdict form. If your answer is "Yes," go to the next question. 8. That Ms. Yates should be awarded damages to compensate for the net loss of wages and benefits through the date of your verdict? Answer "Yes" or "No" If you answered "Yes," in what amount? $ 9. That Ms. Yates should be awarded damages to compensate for emotional pain and mental anguish? Answer "Yes" or "No" If you answered "Yes," in what amount? SO SAY WE ALL. Ki Y hjin Foreperson's Signature Date: August 16th tola Pageld 4687. Case 8. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA ex. rel. MICHELE YATES, Plaintiff, CASE NO. 8:16-cv-799-T-02TGW PINELLAS HEMATOLOGY & ONCOLOGY, P.A. and PRATIBHA DESAI, Defendants. VERDICT PINELLAS HEMATOLOGY & ONCOLOGY, P.A. PLAINTIFF'S CLAIM NUMBER ONE AS TO PINELLAS HEMATOLOGY & ONCOLOGY, P.A. That the Defendant Pinellas Hematology & Oncology, P.A. made claims for patient visits, where the patients were seen by Dr. David Dresdner, where the claim for reimbursement forms were filled out to falsely show that the patients had been seen by Dr. Desai. As to Plaintiff's Claim Number One, against Pinellas Hematology & Oncology, P.A., do you find from a preponderance of the evidence: Pageld 4688 1. That the Defendant Pinellas Hematology & Oncology, P.A. knowingly presented materially false claim(s) to Medicare that showed that patients had been seen by Dr. Desai, when they had not been seen by Dr. Desai? Answer "Yes" or "No" as to Defendant Pinellas Hematology & Oncology, P.A. only: No If you answered "No," you need not answer the remaining questions as to Claim one, and you should proceed to Claim Two. 2. If you answered "Yes" to Question One, how many materially false claims do you find from a preponderance of the evidence were submitted by Pinellas Hematology & Oncology, P.A. to the United States for payment? Number of Claims 3. If you answered "Yes" to Questions One and Two, and based on the number of false claims you found in Question Two, what sum of money do you find from a preponderance of the evidence to be the total amount of the United States' damages attributable to Pinellas Hematology & Oncology, P.A. for Claim One? PageID 4689 B. PLAINTIFF'S CLAIM NUMBER TWO AS TO PINELLAS HEMATOLOGY & ONCOLOGY, P.A. That the Defendant Pinellas Hematology & Oncology, P.A. made claims for laboratory blood work performed at Defendants' Bayfront office, which was not CLIA certified, that were altered to falsely show that the laboratory test had been performed at Defendants' Park Place office, which was CLIA certified. As to Plaintiff's Claim Number Two against Pinellas Hematology & Oncology, P.A. do you find by a preponderance of the evidence: 4. That the Defendant Pinellas Hematology & Oncology, P.A. knowingly presented materially false claim(s) to Medicare that showed that laboratory tests performed at Defendants' Bayfront office were altered to falsely show that the tests had been performed at Defendants' Park Place office? Answer "Yes" or "No" as to Defendant Pinellas Hematology & Oncology, P.A. only: If you answered "No" you need not answer the remaining questions as to Claim Two, and you should proceed to Claim Three. 5. If you answered "Yes" to Question Four above, how many false claims do you find from a preponderance of the evidence were submitted by Defendants to the United States for payment? Number of Claims 214 PageID 4690 6. If you answered "Yes" to Question Four above, and based on the number of false claims you found in Question Five, what sum of money do you. find from a preponderance of the evidence to be the total amount of the United States' damages attributable to Claim Two? $ 755. 54 PLAINTIFF'S CLAIM NUMBER THREE AS TO PINELLAS HEMATOLOGY & ONCOLOGY, P.A. Do you find by a preponderance of the evidence: 7. That Defendant Pinellas Hematology & Oncology, P.A. retaliated against Ms. Yates for taking good faith actions in furtherance of a False Claims Act lawsuit? Answer "Yes" or "No" If you answered "No," please stop here, and your foreperson should sign and date the last page of this verdict form. If your answer is "Yes," go to the next question. 8. That Ms. Yates should be awarded damages to compensate for the net loss of wages and benefits through the date of your verdict? Answer "Yes" or "No" If you answered "Yes," in what amount? -4. Pageld 4691 9. That Ms. Yates should be awarded damages to compensate for emotional pain and mental anguish? Answer "Yes" or "No" If you answered "Yes," in what amount? SO SAY WE ALL. Kein ? Luzine Foreperson's Signature DATE: August 16th 2019