Past Cases
Cory Fein has played a prominent role is litigating and successfully settling several major class action and whistleblower cases throughout the United States, including the following:
2024
$1 Million optometrist False Claims Act settlement
Cory Fein was lead counsel for relator (whistleblower) employee in qui tam False Claims Act case alleging network of eye care companies filed false claims with Medicare, Medicaid and other government payors by billing using NPIs of doctors who did not actually provide services. U.S. Attorney’s Office for Western District of Texas intervened in case, which resulted in a settlement in August 2024. Settlement resulted in defendants’ repayment to the Government of more than $1 million, and payment of a 20% relator’s share.
$8.8 Million False Claims Act settlement
The Cory Fein Law Firm announces an $8.88 million settlement, unsealed in August 2024, resulting from a False Claims Act case it filed on behalf of its whistleblower client, a Texas physician with information about an alleged kickback scheme.
The settlement includes payment of a 19% ($1,688,000) relator’s share to the Cory Fein Law Firm’s client. The case is United States ex rel. J.R., M.D., v. Andrew Gomes, et al., No. 4:18-cv-04650, S.D.Tex., and the settlement agreement is available by emailing cory@coryfeinlaw.com.The settlement alleges that Dr. Andrew Gomes and National Interventional Radiology Partners PLLC established a network of peripheral arterial disease (PAD) office-based labs that were engaged in an illegal kickback scheme involving podiatrists and doctors investing in the PAD labs and referring patients to the labs in order to increase the value of their investments. The complaint alleged Gomes established and developed multiple PAD clinics in Texas by recruiting podiatrists and primary care physicians to invest in the clinics and refer patients to the clinics to maximize the value of their investments. The procedures performed at these clinics (including arteriograms, angiograms, angioplasties and atherectomies) are highly compensated procedures.
The DOJ’s press release is available at: https://www.justice.gov/usao-sdtx/pr/nirp-and-founder-pay-nearly-9m-resolve-alleged-kickback-referral-violations.
Truck Driver Whistleblower Settlement – August 2024
Cory Fein was lead counsel for truck driver in STAA (Surface Transportation Assistance Act) retaliation case involving allegations that truck driver was terminated in retaliation for refusing to operate a truck in violation of regulations related to commercial motor vehicle safety. Settled August 2024
Truck Driver Whistleblower Settlement – February 2024
Cory Fein was lead counsel for employee of trucking company in STAA (Surface Transportation Assistance Act) retaliation case involving allegations that employee was terminated in retaliation for refusing to operate a truck in violation of regulations related to commercial motor vehicle regulations, including driving excessive hours without mandated minimum breaks. Settled Feb. 2024
Whistleblower Retaliation Settlement – Dentist False Billing – May 2024
Cory Fein was lead counsel for formal regional manager of a chain on dentist offices in False Claims Act retaliation case involving allegations that employee was terminated in retaliation for opposing the billing of services provided by noncredentialled dentists under the NPI of a dentist who was not involved in providing the services. Settled May 2024
Whistleblower Retaliation Settlement – Drug Company Off-Label Marketing and Sham Educational Programs – May 2024
Cory Fein was lead counsel for physician employed by major drug company in False Claims Act retaliation case involving allegations that drug company terminated employee in retaliation for her opposition to kickback schemes used to promote the prescription of a drug, including improper use of sham educational programs and improper off-label marketing by using medical science liaisons to initiate discussions with physicians concerning off-label use of drugs. Settled May 2024.
Whistleblower Retaliation Settlement – Anti-Money Laundering Act – July 2024
Cory Fein was lead counsel for formal global treasurer of international company in Anti-Money Laundering Act retaliation claim involving allegations that client suffered retaliation as a result of her whistleblowing activity. Settled July 2024
Whistleblower Retaliation Settlement – OSHA Safety Violations – July 2024
Cory Fein was lead counsel for HR director in claim that her former employer, a large manufacturing company, terminated her in retaliation for reporting OSHA safety violations and/or opposing racial discrimination. Settled July 2024.
Whistleblower Retaliation Settlement – Sarbanes Oxley – June 2024
Cory Fein was lead counsel for Quality Assurance / Quality Control manager in claim against his former employer, a large energy company. Asserted Sarbanes Oxley retaliation claim, alleging that client engaged in protected activity by reporting to his supervisor securities fraud, SEC violations, and/or mail and wire fraud, and that his former employer terminated him as retaliation for his protected activity. Settled June 2024.
Whistleblower Retaliation Settlement – Texas Whistleblower Act – May 2024
Cory Fein was lead counsel for terminated Code Enforcement Officer / Health inspector in claim against municipality employer. Asserted claim under the Texas Whistleblower Act, alleging that municipality terminated her in retaliation for her protected activity, including reporting violations of law. Settled May 2024.
Whistleblower Retaliation Settlement – OSHA Safety Violations – July 2024
Cory Fein was lead counsel for terminated employee of HVAC company, alleging that client was terminated in retaliation for reporting OSHA safety issues at the workplace. Settled July 2024.
Whistleblower Retaliation Settlement – False Claims filed for DME – May 2024
Cory Fein was lead counsel for former billing department employee of a large network of durable medical equipment (DME) companies, alleging he was terminated in violation of the anti-retaliation provisions of federal and state False Claims Acts. Allegations included that client opposed the DME company’s improper completion of the medical necessity justification section of Certificates of Medical Necessity, despite regulations requiring that section be completed by the physician. Settled May 2024.
Auto-Owners Class Action Arizona
Cory Fein was lead counsel for class representatives in an Arizona class action alleging that a large insurance company improperly depreciated labor costs when paying property loss claims. The federal judge certified the legal question to the Arizona Supreme Court which issued a decision in September 2022 in favor of the class members. The Arizona class was joined with classes of insureds from Illinois, Missouri and Wisconsin and settled in 2023, with the Arizona class members receiving 100% of the net estimated Nonmaterial Depreciation that was withheld from ACV Payments and not subsequently paid, plus simple interest at the rate of 7.15% per annum. The settlement was approved in January 2024.
2023
Cory Fein represented a nurse who was terminated by a large hospital company after she defended herself against a patient who tried to attack her. The hospital took the position that it terminated her for pulling a knife on the patient in violation of its weapons policy. I argued that the knife incident was a pretext and that the hospital actually terminated my client in retaliation for her actions in advocating for patient safety, which were protected by Texas law. I initiated an arbitration in 2022. The hospital ignored my settlement proposal and offered nothing. After a three-day arbitration in May 2023, the arbitrator awarded my client 100% of the damages she sought, plus attorney’s fees.
Cory Fein successfully reached a pre-suit settlement of claims against a Texas behavioral health hospital, alleging that employee was terminated as retaliation for reporting to a supervisor violation of laws or agency rules applicable to healthcare facilities, in violation of TEX. HEALTH & SAFETY CODE § 161.134(a), and/or as retaliation for efforts to stop violations of the False Claims Act, including submitting false claims to government healthcare programs, 31 USC § 3730(h)(1). Settlement finalized in April 2023.
2022
Cory Fein is lead counsel for the first-filed whistleblowers in a False Claims Act qui tam case filed in 2020 against Modern Vascular and associated individuals and companies. (Case No. 2:20-cv-00176, District of Arizona.) The Department of Justice intervened in 2022 and filed a Complaint in Intervention noting damages exceeding $50 million. The case is proceeding. See www.justice.gov/opa/pr/united-states-files-false-claims-act-complaint-against-chiropractor-modern-vascular-office; searchlightnm.org/united-states-files-complaint-against-modern-vascular-and-owner-yury-gampel/; www.azcentral.com/story/news/local/arizona/2022/12/14/ modern-vascular-accused-of-50m-fraud-scheme-justice-department-complaint/69726238007/
Cory Fein was co-counsel for the whistleblower in a case against a surgery center alleged to have filed false claims with Medicare and other government healthcare programs. Allegations included false billing for “incident to” services, falsely representing that services provided by nurse practitioners were provided by physicians, false billing for level 3 or 4 office visits that merely involved medication refill phone calls between patients and nurses; false billing for both an office visit and a scheduled procedure with a patient on the same day, when the office visits did not involve a significant, separately identifiable evaluation and management service; false billing for ultrasound-guided procedures, when no ultrasound was used; false billing for office visits with existing patients as office visits with new patients; and retroactively falsifying medical records to match fraudulent bills. Suit was filed in federal court in 2020, and settled in 2022, resulting in recovery to the Government and payment to whistleblower client.
Cory Fein was lead counsel in 2022 pre-suit settlement by psychiatrist client alleging she was fired in retaliation for protesting false billing practices including having psychiatrists sign blank lab order forms used to order medically unnecessary diagnostic lab testing, and renewing prescriptions without physician approval. Claims included violation of Texas law precluding hospitals and other health facilities from retaliating against employees for reporting a violation of law or agency rule. Tex. Health & Safety Code § 161.134(a), and Section 3730(h) of the False Claims Act providing a cause of action for those discharged, or otherwise retaliated against for their efforts to stop violations of the False Claims Act, including submitting false claims to government healthcare programs.
Cory Fein was lead counsel in a 2022 pre-suit settlement for four truck drivers alleging violations of Surface Transportation Assistance Act (“STAA”), 49 U.S.C. § 31105, claiming they were fired in retaliation for refusing to drive excessively long shifts, without adequate rest periods, in violation of Federal Motor Carrier Safety Administration (“FMCSA”) regulations, 49 CFR §§ 395.3. Claims settled during mediation.
Cory Fein was lead counsel for terminated employee of Fortune 500 company, alleging wrongful termination in violation of the whistleblower protection provisions of the Sarbanes-Oxley law (i.e., SOX), 18 U.S.C. §1514A(b)(1)(B). Allegations included protected activity in reporting false designation of country of origin, use of counterfeit marks, wire fraud and mail fraud. SOX retaliation claim lodged with the U.S. Department of Labor’s OSHA division, followed by lawsuit filed in federal court in 2020. Lawsuit settled in 2022 during mediation.
Cory Fein was lead counsel for a Finance Director of city in Texas who alleged she was terminated in violation of the Texas Whistleblowers Act for her reports of violations of law by city employees. Case filed in Galveston County district court in 2021. Settlement reached in 2022 during mediation.
Cory Fein was lead counsel in a suit filed in federal court in 2021 on behalf of a speech therapist whistleblower alleging that she was retaliated against for opposing false billing of government healthcare programs in violation of the False Claims Act. I filed suit against her former employer, a company that owned multiple skilled nursing facilities, and reached settlement in 2022 during mediation.
2021
Cory Fein was lead counsel for a terminated employee alleging she was retaliated against for her opposition to false claims submitted to the Government associated with using funds from PPP loans for unapproved purposes. I reached a pre-suit settlement during mediation in 2021.
As lead counsel for a whistleblower in South Carolina, Cory Fein filed a qui tam case in 2017 against multiple medical centers, labs and doctors alleging violations of Stark law, and false claims submitted to government healthcare programs. The Department of Justice intervened in the case, resulting in significant judgments in 2021, including more than $95 million against one group of defendants, and more than $24 million against another group of defendants. Case No. 6:15-01589, 6:17-cv-01190, D.S.C.2021 (Dkt. No. 447.)
Cory Fein took over lead counsel role for whistleblower who filed False Claims Act case against imaging center in California in 2019, after Government declined to intervene. Allegations included falsely billing Government payors for professional services related to radiologist interpretation of bone density scans. I negotiated a settlement in 2021, resulting in payment to the Government, and to my whistleblower client.
Cory Fein settled a False Claims Act retaliation case on behalf of a Director of Nursing who alleged her nursing home employer retaliated against her for opposing the billing of Medicare for unnecessary genetic testing. Case filed January 2020 and settled in September 2021.
2020
Cory Fein settled a False Claims Act retaliation case involving allegations that a home health company terminated an employee in retaliation for her opposition of false claims submitted to Government healthcare payors. Allegations included fabricated data, expired prescriptions, expired Certificates of Medical Necessity, and billing for amounts beyond approved by physicians. Case filed in August 2018 and settled in April 2020.
Cory Fein represented an account executive and successfully settled claims alleging retaliation against my client for opposing false claims to Government payors related to medical products in 2020.
Cory Fein successfully settled False Claims Act retaliation claims on behalf of an employee who was terminated allegedly in retaliation for opposing false claims submitted to the Government regarding HUD grant funds in 2020.
Cory Fein successfully settled claims of two nurses who were terminated from a medical facility, allegedly as retaliation for opposing dangerous practices that put patients and staff in danger in 2020.
Cory Fein successfully settled claims of an employee who was wrongfully terminated in retaliation for false claims submitted for psychological care of military veterans in 2020.
2019
Settled False Claims Act retaliation case involving allegations that hospital retaliated against two employees for their opposition of false statements submitted to obtain funds from federal grant, 2019
2018
Settled False Claims Act retaliation case involving allegations that hospice company terminated nurse in retaliation for her opposition to false claims submitted to Medicare for hospice care, 2018
Settled False Claims Act case involving overbilling Medicare for hospice services, 2018
2017
$600,000 settlement of False Claims Act case involving overbilling Medicare for rehab services in S.D.Texas, 2017
Cory Fein represented a whistleblower with knowledge of false claims associated with sales to the United States military in a False Claims Act lawsuit. The Department of Justice intervened and the case resulted in a $2.48 million settlement in S.D.Texas, 2017
Cory Fein served as lead counsel for Plaintiff and a certified class of individuals in Texas asserting claims under the federal Driver’s Privacy Protection Act. Obtained $12.7 million judgment in favor of certified Plaintiff class, Sistrunk v. TitleMax, W.D.Texas. Post-judgment settlement approved resulting in significant payments to class members, 2017.
Earlier Cases
- Cory Fein served as lead counsel for a nationwide class of insureds alleging that they were underpaid on their property loss claims due to improper calculation of payment amounts. The settlement provided repayment of 100% of the alleged underpayment, plus interest, and obtained final approval by a California federal court, 2014
- Cory Fein was the responsible attorney for Caddell & Chapman, co-counsel for a class of bank account holders in a Florida federal case involving improper overdraft charges. On August 10, 2012, Mr. Fein and his co-counsel successfully had a class certified and successfully defeated an interlocutory appeal to the Eleventh Circuit. A settlement was reached and given final approval, 2014
- Cory Fein was the responsible attorney for Caddell & Chapman, co-counsel for a class of vehicle owners who alleged their tires wore prematurely and irregularly as a result of improperly designed rear suspension. Mr. Fein and his co-counsel successfully obtained class certification, defended it against interlocutory appeal, after which they negotiated a settlement which obtained final approval in a California federal court, 2014
- Cory Fein served as sole lead counsel for a class of persons who rented vehicles through an online website for use outside of the United States and alleged that insurance fees and taxes were improperly disclosed. He successfully obtained a class action settlement for a nationwide class, which settlement was approved by California federal court, 2014
- A Multidistrict Litigation proceeding (Case No. MDL-2223), consolidating 35 cases from around the country and resulting in a nationwide settlement approved by an Illinois federal court. Cory Fein served as the responsible attorney for Caddell & Chapman (sole lead counsel) and as chair of the Discovery Committee. A settlement was approved on July 2, 2013, by Federal District Judge Matthew J. Kennelly (“the settlement can be viewed as paying roughly 50% of the full value of the class members’ claims, were they to succeed” and is “clearly fair”). The settlement provided partial reimbursement for post-warranty engine repair costs incurred by a class of over 1 million current and former owners of vehicles equipped with diesel engines, and attorneys’ fees of $12.8 million were awarded on August 11, 2013 (approving the “relatively modest” lodestar multiplier of 1.25), 2013
- Cory Fein was the responsible attorney at Caddell & Chapman, Lead Counsel in a California case against two major beverage manufacturers which resulted in a settlement for a nationwide class of consumers. The settlement obtained final approval on August 31, 2012, in Los Angeles Superior Court, 2012
- A settlement that obtained final approval from Federal District Judge Marcia Crone on July 2, 2009 in the Eastern District of Texas, in which the owners of some 20,000 ambulances were eligible to obtain substantial compensation from the defendant in the form of extended warranties, reimbursements for repairs, and enhanced service. Cory Fein served as the responsible attorney at Caddell & Chapman, lead counsel for the class, 2009
- One of the largest class actions in history including more than 190 million class members, where the settlement was approved in an Illinois federal court by Judge Robert Gettleman on September 17, 2008, and prominent class action expert Professor Geoffrey Miller stated “[h]aving worked closely with [Cory Fein and his firm, Caddell & Chapman], I can also attest that they are among the finest class action attorneys I have been privileged to know during my two decades of experience in this field of law. They not only possess excellent analytical and rhetorical skills, but—more importantly—displayed remarkable qualities of judgment, imagination and persistence.” Cory Fein served as the responsible attorney at Caddell & Chapman, one of the named settlement class counsel, 2008
- A class action settlement providing injunctive and monetary relief to a nationwide class of Hartford insureds with respect to the payment of General Contractor’s overhead and profit on property damage claims, approved by Judge Bury of the Federal District Court of Arizona on June 18, 2008. Cory Fein served as the responsible attorney at Caddell & Chapman, lead counsel on the case, 2008
- Cory Fein was the responsible attorney for Caddell & Chapman, Lead Counsel in In re Ford Motor Co. Speed Control Deactivation Switch Products Liability Litigation, an MDL proceeding (Case No. MDL-1718) pending in the Eastern District of Michigan. Cory Fein took the lead role in facilitating a double-tracked, multi-party mediation that resulted in more than 100 settlements of cases involving vehicle fires