U.S. EX REL. LUTZ v. BERKELEY HEARTLAB, INC.

Civil Action No. 9:14-cv-00230-RMG, Consolidated with No. 9:11-cv-1593-RMG, No. 9:15-cv-2458-RMG.

United States of America, et al., Plaintiffs, ex rel. Scarlett Lutz, et al., Plaintiffs-Relators, v. Berkeley Heartlab, Inc., et al., Defendants.

United States District Court, D. South Carolina, Charleston Division.

Editors Note
Applicable Law: 31 U.S.C. § 3729
Cause: 31 U.S.C. § 3729 False Claims Act
Nature of Suit: 375 Other Statutes: False Claims Act
Source: PACER


Attorney(s) appearing for the Case

United States of America, Plaintiff, represented by Christopher Terranova , US Department of Justice.

United States of America, Plaintiff, represented by Donald H. Caldwell, Jr. , U.S. Attorney's Office, Elizabeth A. Strawn , US Department of Justice, Gill Paul Beck, Sr. , United States Attorneys Office, James C. Leventis, Jr. , US Attorneys Office, Jennifer J. Aldrich , US Attorneys Office, Jennifer A. Short , U.S. ATTORNEY'S OFFICE, DISTRICT OF COLUMBIA, CIVIL DIV, Mary Chris Dobbie , US Department of Justice, Michael David Granston , US Department of Justice, Michael Edmund Shaheen , US Department of Justice & Patricia Hanower , US Department of Justice.

Scarlett Lutz, Plaintiff, represented by Douglas Edwards Roberts , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, James F. Wyatt, III , Wyatt and Blake, pro hac vice, Marc S. Raspanti , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, Michael A. Morse , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, Pamela Coyle Brecht , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, Robert Adams Blake, Jr. , Wyatt and Blake, pro hac vice & William J. Tuck .

Kayla Webster, Plaintiff, represented by Douglas Edwards Roberts , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, James F. Wyatt, III , Wyatt and Blake, pro hac vice, Marc S. Raspanti , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, Michael A. Morse , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, Pamela Coyle Brecht , Pietragallo Gordon Alfano Bosick and Raspanti LLP, pro hac vice, Robert Adams Blake, Jr. , Wyatt and Blake, pro hac vice & William J. Tuck .

Chris Riedel, Plaintiff, represented by Eric James Buescher , Cotchett Pitre and McCarthy, pro hac vice, Justin Theodore Berger , Cotchett Pitre and McCarthy, pro hac vice, Niall P. McCarthy , Cotchett Pitre and McCarthy, Steven N. Berk , BERK LAW PLLC & John Daniel Kassel , John D Kassel Law Firm.

Dr Michael Mayes, Plaintiff, represented by Peter Wilson Chatfield , Phillips and Cohen, pro hac vice & William Alexander Coates , Roe Cassidy Coates and Price.

Natera, Inc., Movant, represented by Graham Ross Billings , Nelson Mullins Riley and Scarborough.

Bluewave Healthcare Consultants, Inc., Defendant, represented by Christopher M. Kovach , Barnwell Whaley Patterson and Helms LLC, Joseph P. Griffith, Jr. , Joseph P Griffith Law Firm, Morris Dawes Cooke, Jr. , Barnwell Whaley Patterson and Helms & Bradley Bruce Banias , Barnwell Whaley Patterson and Helms.

Latonya Mallory, Defendant, represented by Beattie B. Ashmore , Beattie B Ashmore Law Office.

Floyd Calhoun Dent, III, Defendant, represented by Christopher M. Kovach , Barnwell Whaley Patterson and Helms LLC, Joseph P. Griffith, Jr. , Joseph P Griffith Law Firm, Morris Dawes Cooke, Jr. , Barnwell Whaley Patterson and Helms & Bradley Bruce Banias , Barnwell Whaley Patterson and Helms.

Robert Bradford Johnson, Defendant, represented by Christopher M. Kovach , Barnwell Whaley Patterson and Helms LLC, Joseph P. Griffith, Jr. , Joseph P Griffith Law Firm, Morris Dawes Cooke, Jr. , Barnwell Whaley Patterson and Helms & Bradley Bruce Banias , Barnwell Whaley Patterson and Helms.

Blue Eagle Farming, LLC, Interested Party, represented by John Phillips Linton, Jr. , Pratt-Thomas Walker & Thomas P. Gressette, Jr. , Walker Gressette Freeman and Linton LLC.

Eagle Ray Investments, LLC, Interested Party, represented by John Phillips Linton, Jr. , Pratt-Thomas Walker & Thomas P. Gressette, Jr. , Walker Gressette Freeman and Linton LLC.

Forse Investments, LLC, Interested Party, represented by John Phillips Linton, Jr. , Pratt-Thomas Walker & Thomas P. Gressette, Jr. , Walker Gressette Freeman and Linton LLC.

Christina M Dent, Interested Party, represented by Louis H. Lang , Callison Tighe and Robinson & Nekki Shutt , Burnette Shutt and McDaniel PA.

Lakelin Pines, LLC, Interested Party, represented by Louis H. Lang , Callison Tighe and Robinson & Nekki Shutt , Burnette Shutt and McDaniel PA.

Trini "D" Island, LLC, Interested Party, represented by Louis H. Lang , Callison Tighe and Robinson & Nekki Shutt , Burnette Shutt and McDaniel PA.

War-Horse Properties, LLLP, Interested Party, represented by John Phillips Linton, Jr. , Pratt-Thomas Walker & Thomas P. Gressette, Jr. , Walker Gressette Freeman and Linton LLC.


ORDER and OPINION

RICHARD MARK GERGEL, District Judge.

This matter is before the Court on a Motion to Reconsider (Dkt. No. 558) filed by BlueWave Healthcare Consultants, Inc., Floyd Calhoun Dent, III, and Robert Bradford Johnson (collectively, "the BlueWave Defendants"), asking this Court to reconsider its Order (Dkt. No. 550) excluding the proffered expert testimony of Jennifer Bolen. The Government has filed a response in opposition. (Dkt. No. 559.) For the reasons set forth below, the BlueWave Defendants' Motion to Reconsider (Dkt. No. 558) is denied.

I. Background

On July 24, 2017, this Court issued an order excluding the proffered testimony of Jennifer Bolen because she relied on a charge-based methodology to support her opinion that the Processing and Handling fees paid by the laboratories were commercially reasonable. (Dkt. No. 550.) The Court explained in detail the reasons why a charge-based methodology is not a reliable methodology for determining the commercial reasonableness of physician services. (Id. at 4-5.) The Court also determined that the portions of Bolen's opinions that did not rely on a charge-based analysis were inadmissible because they were not based on sufficient facts or data and, with regard to the clinical utility of the Cardiovascular/Metabolic Test Profile, she was not qualified to offer her opinion. (Id. at 5-7.)

II. Legal Standard

In the Fourth Circuit, motions to reconsider are granted under a narrow set of circumstances: "(1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice." Hill v. Braxton, 277 F.3d 701, 708 (4th Cir. 2002).

III. Discussion

In their Motion to Reconsider (Dkt. No. 558), the BlueWave Defendants reargue the merit of a charge-based methodology. They argue at length that charges are at least relevant to the value of physician services, but they ignore the Court's actual ruling that a methodology used to determine the commercial reasonableness of physician services based almost exclusively on charges is unreliable and would be misleading to a jury.

The Motion to Reconsider does not point to any intervening change in the law, new evidence, or clear error of law in this Court's order. Instead, it reargues issues that the parties previously briefed and that this Court has already considered. A motion to reconsider is not the proper vehicle to notify that Court that the BlueWave Defendants disagree with the Court's previous order.

IV. Conclusion

For the reasons set forth above and in this Court's previous order (Dkt. No. 550), the BlueWave Defendants' Motion to Reconsider (Dkt. No. 558) is denied.

AND IT IS SO ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases