Ross Brooks

Ross Brooks
Ross Brooks
NY Partner

(646) 402-5668

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Mr. Brooks is Co-Chair of the Firm’s whistleblower practice and has been counsel in False Claims Act matters that have returned hundreds of millions in taxpayer dollars to the government.

Ross is a superb lawyer with complete mastery of False Claims Act Litigation. He is my go to for any such matter, and his firm and his own win record and reputation with the Justice Department as well as the percentages recovered for his clients are superior. The prosecutors greatly admire the level of detail and evidence in his submissions, key to a great intervention rate and high recovery to the client. Defendants want to settle, because Ross and his team litigate and win cases turned down by the U.S. Attorney. Also, very nice person who makes an excellent impression on high powered attorneys and clients to whom I introduce him. — Employment Lawyer Charles Joseph of Joseph & Kirschenbaum LLP

I have worked with Sanford Heisler Sharp for many years and have found their team one of the best in the world. I personally work with law firms in the UK, Ireland, USA, and Australia and find the passion and hard-working nature of the team second to none. Combine this work ethic with a number of brilliant individuals, and this is what makes Sanford Heisler Sharp such a successful law firm. — Dr. Tony Nargol, MD, Whistleblower client

When it comes to qui tam it would be hard to find a more dedicated team than the one led by Ross Brooks at Sanford Heisler Sharp. They worked tirelessly to ensure my claim was filed swiftly and effectively. It was clear in his interactions with the justice department that Ross Brooks was well respected, experienced, and had a good working relationship with them. Years later, I remain in contact with both David Sanford and Ross Brooks, and continue to appreciate their consistent efforts to exceed all professional expectations. I highly recommend Ross Brooks and the Sanford Heisler Sharp qui tam team. — Angie Silva, Whistleblower client

I want to congratulate my friend and fellow whistleblower lawyer Ross Brooks for some great work he did in a suit that tried to stop some really callous treatment of schoolchildren – special education kids, at that. — Whistleblower Attorney Lee Wallace of The Wallace Law Firm, L.L.C.

Ross Brooks is a Partner in the New York office of Sanford Heisler Sharp, LLP, a national law firm with offices in Washington, DC, New York, California, and Tennessee. He received his law degree from The University of Chicago Law School in 1997.

Mr. Brooks is Co-Chair of Sanford Heisler Sharp, LLP’s whistleblower practice. He has been counsel in whistleblower matters that have returned hundreds of millions in taxpayer dollars to the Government. Mr. Brooks represents whistleblowers in actions brought under the False Claims Act, The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), and other whistleblower statutes. He has represented whistleblowers in False Claims Act (Qui Tam) matters to recover funds defrauded from the Medicare and Medicaid programs, the Department of Veterans Affairs (VA), the Department of Defense (DoD), the Title IV Student Loan Program, the Department of Housing and Urban Development (HUD) and other government payers.

Mr. Brooks currently represents whistleblowers in numerous sealed Qui Tam actions under investigation by the United States and other governmental stakeholders. Mr. Brooks also represents whistleblowers in active litigation, including in the unsealed, non-intervened litigations United States et al. ex rel. Nargol and Langton v. DePuy Orthopaedics, et al. (alleging unlawful sales of ineffective and unsafe hip replacement medical devices to government health insurance programs); United States ex rel Derrick v. Roche Diagnostics et al (alleging unlawful kickbacks paid to secure favorable Medicare Advantage formulary placement); and United States ex rel Raffington v. Bon Secours (alleging unlawful billing fraud by home healthcare company).

Mr. Brooks’ past False Claims Act recoveries have included United States ex rel. Silva v. Amgen ($762 million intervened settlement of claims against pharmaceutical manufacturer arising from unlawful marketing and kickbacks paid to physicians to induce purchases of anemia drugs); United States ex rel. Gale v. Omnicare ($116 million non-intervened settlement of claims against long-term care pharmacy arising from unlawful kickbacks paid to nursing homes to induce drug purchases); United States ex rel. Cox v. Smith & Nephew ($11.3 million non-intervened settlement arising from unlawful sales of medical devices under government contracts requiring compliance with the Trade Agreements Act); United States ex rel. Simmons v. Meridian, ($5.1 million non-intervened settlement arising from unlawful kickbacks paid by ambulatory surgical center (ASC) owners to physicians to induce referrals of patients to ASCs); United States ex rel. Cox v. Medtronic, Inc. (more than $4.4 million intervened settlement arising from unlawful sales of medical devices under government contracts requiring compliance with the Trade Agreements Act); United States ex rel Gipson v. Pathway Genomics (more than $4.1 million intervened settlement arising from unlawful kickbacks paid to physicians to induce government purchases of genetic tests); United States ex rel Forrest v. Scripps ($1.5 million intervened settlement arising from unlawful billing practices for outpatient physical therapy services); United States ex rel. Ohlmeyer v. City of New York ($1.4 million intervened settlement of claims against the City of New York arising from failures to provide adequate psychological counseling to public school special education students); Mason v. Medline ($85 million non-intervened settlement arising from medical supplies manufacturer’s unlawful kickbacks paid to hospitals to induce purchases of medical supplies); and United States ex rel. Marchese v. Cell Therapeutics, Inc. ($10.5 million intervened settlement against pharmaceutical manufacturer arising from unlawful marketing to induce purchases of cancer drugs).

Mr. Brooks also represents governmental entities, labor unions, and individuals in consumer fraud class actions and other civil litigation and healthcare cost recovery efforts. Mr. Brooks has served as outside counsel to governmental entities, including Nassau County in New York in In re Pharmaceutical Industry Average Wholesale Price Litigation ($275 million settlement in consolidated action alleging that over 40 drug manufacturers engaged in unlawful pharmaceutical drug pricing fraud that cost dozens of New York Counties millions of dollars in Medicaid expenditures).  Brooks has represented labor unions and individual consumers in the consumer fraud class actions In Re Vytorin/Zetia Marketing, Sales Practices and Products Liability Litig., ($41.5 million settlement arising from fraudulent marketing of anti-cholesterol drugs to consumers) and In re Hydroxycut Marketing and Sales Practices Litigation ($25.3 million settlement arising from the fraudulent marketing of dietary supplements to consumers). Brooks represented investors in the securities fraud class actions In re Nortel Networks Corp. Securities Litigation ($1.1 billion settlement); In re Sears, Roebuck & Co. Securities Litigation ($215 million settlement); and In re Gilead Sciences Securities Litigation ($8 million settlement).

Brooks began his career working in the defense bar on behalf of Fortune 500 companies in complex commercial litigation. He performs regularly as a jazz guitarist in the New York metropolitan area and serves on the Advisory Board of the Musicians Aid Society of New York (MASNY).

Education

  • J.D., University of Chicago Law School, 1997
  • B.A., Cornell University 1992, cum laude

Clinics

  • Mandel Legal Aid Clinic

Bar Admissions

  • New York 1999

Court Admissions

  • U.S. District Court for the Southern District of New York 1999
  • U.S. District Court for the Eastern District of New York 2010

Publications

  • R. Brooks and I. Hemani, “Proposed CMS Rule Increases OIG and FCA Focus on the Medicare Part D Prescription Drug Benefit,” Pharmaceutical Compliance Monitor (2014).

Nargol et al. v. DePuy Orthopaedics Inc. et al.

Sanford Heisler Sharp, LLP brought whistleblower claims on behalf of Dr. Antoni Nargol and Dr. David Langton, two physicians and researchers who were first to uncover that medical-device company DePuy Orthopaedics manufactured and sold large numbers of defective hip implants to the government.

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Scripps Health System Whistleblower Lawsuit – $1.5 Million Settlement

The whistleblower alleged that the San Diego-based Scripps Health System unlawfully billed the United States Government for physical therapy services on behalf of a physician who was not present while the services were rendered. The case claimed that Scripps persisted in this conduct despite warnings from the whistleblower.

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United States of America et al. v. Bon Secours New York Health System, Inc., et al.

Relator asserts that between December 2004 until 2015, Bon Secours Health System, Inc., Bon Secours New York Health System and Schervier Long Term Home Health Care Program defrauded Medicaid and Medicare by filing millions of dollars in false claims for home health services provided to elderly and homebound patients.

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United States ex rel. Kelly v. Amgen Corporation (E.D.N.Y.) – $762 Million Settlement

The whistleblower (“relator”) who was represented by Sanford Heisler Sharp, one of several relators who took part in the Government’s investigation, had been employed as an oncology pharmaceutical sales representative for Amgen from 2002 through 2005. In 2007, the relator filed suit against her.

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United States ex rel. Gipson v. Pathway Genomics Corporation – $4.1 Million Settlement

Sanford Heisler Sharp, LLP, along with Aashish Y. Desai of the Desai Law Firm, P.C., represented Relator Monique Gipson, who sued San Diego-based Pathway Genomics in the U.S. District Court for the Southern District of California under the whistleblower provisions of the federal False Claims Act, the federal Anti-Kickback Statute, and the relevant provisions of the false claims acts of the states and the District of Columbia pertaining to healthcare fraud. Gipson was a former sales representative at Pathway Genomics with first-hand knowledge of the company’s wrongdoing.

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United States ex rel. Gale v. Omnicare (N.D. Ohio) – $120 Million Settlement

Sanford Heisler Sharp, LLP, a leading public interest law firm, teamed with three other law firms in settling a whistleblower (“qui tam”) lawsuit Omnicare, Inc. (NYSE: OCR), the nation’s largest provider of pharmacy services to nursing home patients. Under the agreement, Omnicare has agreed to pay the United States $120 million to resolve kickback and false-claims allegations brought by Donald Gale, an Ohio pharmacist who worked for the company’s Wadsworth, Ohio pharmacy from 1993 until 2010.

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United States ex rel. Ohlmeyer v. City of New York (E.D.N.Y.) – $1,375,000 Settlement

Sanford Heisler Sharp successfully represented Dana Ohlmeyer, a psychologist in the New York City public schools, in the case of Ohlmeyer ex rel. United States of America v. City of New York, a whistleblower action brought pursuant to the qui tam provisions of the federal False Claims Act, 31 U.S.C. Sections 3729-33. In her complaint, Relator Ohlmeyer alleged that between 2001 to 2004 the City of New York Department of Education (“DOE”) submitted false claims to Medicaid for psychological counseling services to special education students in the New York City public schools. After intervention by the United States, the City settled the lawsuit in January, 2014 for $1,375,000.

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United States ex rel. Cox v. Smith & Nephew (W.D. Tenn.) – $11 Million Settlement

Sanford Heisler Sharp, LLP won a $11.3 million qui tam settlement against Smith & Nephew one of the world’s largest medical device manufacturers. The whistleblower, represented by the firm and the U.S. Department of Justice, alleged that Smith & Nephew violated the Trade Agreements Act (“TAA”) and the False Claims Act by selling products to the Government that were manufactured in countries with which the United States is not a trading partner, under contracts governed by the TAA.

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U.S. ex rel. Simmons v. Meridian (M.D. Tenn.) – $5.1 Million Settlement

Sanford Heisler Sharp, LLP won a $5.1 million qui tam settlement against Meridian Surgical Partners LLC, an investor in an Ambulatory Surgical Center (“ASC”). The whistleblower, represented by the firm and the U.S. Department of Justice, alleged that Meridian violated the federal Anti-Kickback statute and the False Claims Act by paying unlawful remuneration to ambulatory surgical center (“ASC”) owners to physicians to induce referrals of patients to ASCs.

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United States ex rel. Cox Et Al v. Medtronic (D. Minn.) – $23.5 Million Settlement

Sanford Heisler Sharp, LLP won a more than $4.4 million qui tam settlement against Medtronic, Inc., one of the world’s largest medical device manufacturers. The whistleblower, represented by the firm and the U.S. Department of Justice, alleged that Medtronic violated the Trade Agreements Act (“TAA”) and the False Claims Act by selling products to the Government that were manufactured in countries with which the United States is not a trading partner, under contracts governed by the TAA.

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