Legal analytics firm Lex Machina reviewed thousands of unsealed False Claims Act cases from 2016 to 2020 to determine most active plaintiffs’ law firms.
Adding another feather to Bracker & Marcus’ cap, legal analytics firm Lex Machina recently released a report identifying our firm as the fourth most active qui tam plaintiff’s firm in the country.
The report identified 33 False Claims Act cases that we have filed between 2016 and 2020. Bracker & Marcus ended up trailing Phillips & Cohen—one of the largest and oldest qui tam firms in the country—by just five cases.
Of course, these numbers are skewed somewhat as a result of the seal period for False Claims Act cases. Lex Machina was only able to track unsealed cases. Good qui tam cases can take at least a few years for the government to investigate. The vast majority of cases from 2019 and 2020 are likely to remain under seal.
Today, we’ll take a look at what sets our False Claims Act attorneys apart from others.
Cases Filed, Cases Settled
In a recent blog post, I noted my belief that we are a “sleeping giant,” and the Lex Machina report confirms it.
We opened our doors in 2015, and it took some time to find our footing. In 2015 and 2016 combined, we filed 16 False Claims Act cases as lead counsel. That alone would have been good enough for 18th on this list of firms, which was based on the last five years, not just two.
Does being a prolific filer mean we are a better law firm? Of course not. Filing a lot of cases doesn’t mean very much if you are not winning those cases, but we have been very successful in filing cases of all sizes.
Of those 16 cases, 10 resulted in settlements, two more have settlements pending, one was settled but second-filed, and one was intervened and heading for trial next year.
In other words, just two of 16 ultimately lacked the potential to resolve positively for our client and/or the government.
A False Claims Act Firm That’s Willing to Take Risks
Probably the biggest takeaway here is that our firm is willing to take risks that other firms are not.
Many qui tam firms are big game hunting. They will reject 99 out of 100 potential clients because they are seeking the cases that will result in nine-figure settlements. False Claims Act cases are a lot of work, and it is fairly common to put most of your eggs in one basket in this industry.
That just isn’t how our firm operates. Our attorneys have had great success bringing suit against large hospital chains, mortgage lenders, and defense contractors.
We are certainly willing and able to file and litigate cases against Johnson & Johnson or McKesson—identified as the two most common defendants in False Claims Act litigation, with 36 cases filed against each of them.
But that doesn’t prevent us from filing cases against local doctor’s offices and pharmacies that defraud Medicare on a smaller scale. Or businesses falsifying information to obtain government loans and contracts. I have lost count of the whistleblowers whose employers told them “we are too small to get caught.”
Often, those small-time crooks are right. Nobody catches the company that is quietly skimming off the top. Unless there is a whistleblower to report them. And unless there is a firm willing to represent that whistleblower.
We take great pride in being that firm and representing whistleblowers who are concerned with doing the right thing, not with how much money they may recover. And we get great results taking the cases that are too small for the big game hunters.
A $325,000 intervened settlement for billing for infusions performed by medical assistants. An $800,000 ability-to-pay settlement for a neurologist receiving kickbacks. Plus, $2.75 million for dispensing drugs that weren’t properly prescribed.
And those were just in the last six months.
Put an end to fraud today. Contact a False Claims Act firm that takes action.
At Bracker & Marcus LLC, we love what we do. We stop bad guys from ripping off our government and the taxpayers. We keep patients safe from harm. We protect our troops from defective equipment. Every successful False Claims Act case matters, even if they don’t all recover tens of millions of dollars.
As soon as next year, we expect to top the list of most active plaintiffs’ law firms, a badge we will wear with honor.
If you have been told that your case is too small, or you are a law firm with a small case referral, call our whistleblower attorneys today.