In United States ex rel. Srivastava v. Trident USA Health Services LLC, et al.

Represented the former Chief Information Officer of a company that provided mobile diagnostic and x-ray services to nursing home residents. Achieved an $8.5 million settlement, which was particularly remarkable, as Trident had previously declared bankruptcy and attempted to discharge its False Claims Act liability.

The whistleblower alleged that the company engaged in a swapping arrangement, in which it provided Medicare Part A diagnostic services to nursing homes at below cost, in exchange for those nursing homes referring to the company their more remunerative Medicare Part B and Medicaid business.

To stop Trident’s attempt to dodge responsibility for fraud, Berger Montague brought an adversary proceeding, In re Trident Holding Company, LLC, No. 19-10384 (SHL) (S.D.N.Y. Bankr.), and obtained a ruling that Trident’s False Claims Act liability could not be discharged in bankruptcy.

The First Assistant United States Attorney for the Eastern District of Pennsylvania, Jennifer Arbittier Williams, praised the Firm for its role in the case, saying that it, along with its whistleblower client and counsel for a separate whistleblower, had provided “vital and exceptionally valuable support to the government’s effort in this case, even after Trident’s bankruptcy put any recovery in doubt.”

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 50 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.