Berger Montague Scores Florida’s Largest Healthcare Fraud Settlement of 2017

DATE: September 11, 2018

Berger Montague is pleased to announce that has recognized one of Shareholder Daniel Miller’s qui tam cases as the largest healthcare fraud settlement in Florida in 2017. The case is United States of America and the State of Florida ex rel. Theodore A. Schiff, M.D. v. Gary L. Marder, D.O. et al., and resulted in a stipulated consent final judgment of $18 million, which was later satisfied by a payment of $5.2 million.

The lawsuit alleged that Port St. Lucie, FL dermatologist Gary Marder pocked millions of dollars from Medicare by ordering medically unnecessary biopsies, falsely diagnosing patients with cancer, performing unnecessary radiation treatments on patients, and illegally billing those biopsies and radiation treatments. recognizes U.S. law firms and attorneys who obtain one of the highest jury verdicts, settlements, court, or arbitration awards in the country or an individual state, in a particular area of law and year.

Mr. Miller’s practice is exclusively devoted to representing whistleblowers in state and federal False Claims Act cases and in actions filed with the IRS, SEC, and CFTC.

Prior to joining Berger Montague, Mr. Miller was a Deputy Attorney General for the Delaware Department of Justice for more than 16 years. He is battle-tested, having tried more than 125 cases to jury verdict.

Over the past 15 years, Mr. Miller has served on dozens of litigation and negotiation teams in qui tam cases across the country. Collectively, those cases have returned more than $3.5 billion to state and federal treasuries.

Mr. Miller is a former president of the National Association of Medicaid Fraud Control Units (“NAMFCU”). During Mr. Miller’s term, the organization secured more than 1,300 criminal convictions and returned more than $1.3 billion to the Medicaid Program. As a member of NAMFCU’s Global Case Committee, Mr. Miller routinely worked on large-scale fraud cases. Prior to serving as NAMFCU’s president, Mr. Miller co-chaired NAMFCU’s Qui Tam Subcommittee, where he coordinated communications and litigation positions for all states that have enacted False Claims Acts. Through these various roles, Mr. Miller helped execute a multi-year plan to increase the level of state involvement in national fraud investigations and prosecutions.

From 2003 through early 2010, Mr. Miller also served as director of the Delaware Department of Justice’s Medicaid Fraud Control Unit. As director, he often served as team lead in coordinating the investigation and prosecution of healthcare provider fraud – including cases involving physician groups, pharmaceutical companies, nursing homes, and hospitals – with local, state, and federal authorities. These multi-disciplinary teams of government lawyers, investigators, and data analysts returned hundreds of millions of dollars to state and federal governments.

Prior to serving as director of the Medicaid Fraud Control Unit, Mr. Miller was a deputy attorney general in the Delaware Department of Justice’s Criminal Division. During that time, he managed a large caseload and prosecuted hundreds of violent offenders.

Before becoming a prosecutor, Mr. Miller served as a judicial clerk for Delaware Superior Court Judge Susan C. Del Pesco.

Mr. Miller graduated with honors from Temple University Law School in 1992.

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