Pharmaceutical and Health Care Fraud

Burke PLLC offers whistleblowers (“qui tam relators”) an extensive and unique background in pharmaceutical and health care fraud  matters.

For those persons seeking representation in a False Claims Act litigation against a pharmaceutical or health care company, Burke may be the right choice.

The False Claims Act permits those with personal knowledge of wrongdoing to bring “qui tam” claims.  In essence, private parties act to benefit the United States government by bringing lawsuits that eradicate fraud, and return funds to the public fisc.  In exchange, the person bringing forward the fraud (known as a whistleblower or qui tam relator) receives a percentage of the funds recovered by the lawsuit.  False Claims Act lawsuits have  successfully returned billions of dollars to the United States, and brought to light many long-running fraudulent schemes.

False Claims Act cases are complex, as there are many procedural hurdles that can derail the lawsuits.  If you are considering bringing such a lawsuit, we encourage you to consider retaining Susan L. Burke because she has successfully litigated fraud matters from all vantage points.

In the late 1990s, Ms. Burke worked for the Department of Justice civil frauds division, which is tasked with overseeing all False Claims Act litigation filed across the nation.  Ms. Burke and her colleagues litigated matters involving Medicare and Medicaid fraud, including cost report fraud, overbilling and upcoding, and off label marketing claims.

After leaving the Department, Ms. Burke worked for many years defending pharmaceutical and health care companies, including durable medical equipment providers, therapy providers, nursing homes, and behavioral health facilities.  Ms. Burke has worked on the litany of issues arising in the health care fraud field, including off label promotion, Medicaid “spend down” provisions,  drug diversion, upcoding and overcharging, billing for medically unnecessary services, and kickback issues.

As a result of this background, Ms. Burke developed an extensive knowledge of the health care and pharmaceutical practices under investigation by the government, such as off label promotion.

Ms. Burke’s extensive background also includes bringing False Claims Act health care fraud matters to trial.  After being formed in 2002, Burke’s firm successfully tried a False Claims Act fraud trial involving allegations of upcoding.

If you are considering bringing a False Claims Act claim against a pharmaceutical company or health care company, please contact Susan L. Burke at