Ross Brooks

Ross Brooks
Ross Brooks
NY Partner

(646) 402-5668

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Mr. Brooks is a New York Partner of Sanford Heisler Sharp, LLP and Of-Counsel to the Cicala Law Firm, PLLC. As Co-Chair of Sanford Heisler Sharp’s whistleblower practice, Mr. Brooks represents whistleblowers in matters brought under the False Claims Act (“Qui Tam”) and other whistleblower programs. Mr. Brooks further represents governmental entities, labor unions and individuals in pharmaceutical and other healthcare litigation and dispute resolution.

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

Ross’ intelligence, conscientiousness and attention to detail have been critical to the survival and progress of our case in the face of our adversary’s massive resources. — Dr. David Langton, 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

Ross has taken me through a journey of difficult legal issues, and has a great ability to foresee events and pursue a wise course of action. — Dr. Tony Nargol, 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, Tennessee, and Maryland. Brooks is also Of-Counsel to The Cicala Law Firm, PLLC. 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 more than 15 years of experience prosecuting fraud claims under the False Claims and other whistleblower programs and 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 programs. 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 has served as lead counsel in numerous False Claims Act matters that have generated recoveries for whistleblowers and the Government, including U.S. ex rel Olarte v. Temple St. Clair ($796,000 intervened settlement arising from unlawful misrepresentations to customs authorities to avoid customs duties) (2018); U.S. ex rel Forrest v. Scripps ($1.5 million intervened settlement arising from unlawful billing practices relating to outpatient physical therapy services) (2017); U.S. ex rel Gipson v. Pathway Genomics ($4.1 million intervened settlement arising from unlawful kickbacks paid by genetic testing firm to physicians to induce patient referrals) (2015); U.S. ex rel. Cox v. Medtronic, Inc. ($4.4 million intervened settlement arising from unlawful medical device sales under government contracts requiring Trade Agreements Act compliance) (2015); U.S. ex rel. Cox v. Smith & Nephew ($11.3 million settlement arising from unlawful medical device sales under government contracts requiring Trade Agreements Act compliance) (2014); U.S. ex rel. Simmons v. Meridian, ($5.1 million settlement arising from unlawful kickbacks paid by ambulatory surgical center (ASC) owners to physicians to induce referrals of ASC patients) (2014); U.S. 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) (2014); U.S. ex rel. Gale v. Omnicare ($116 million settlement arising from unlawful kickbacks paid to nursing homes to induce drug purchases) (2013). Mason v. Medline ($91 million settlement arising from medical supplies manufacturer’s unlawful kickbacks paid to hospitals to induce purchases of medical supplies) (2011); United States ex rel Piacentile v. Otsuka American Pharmaceutical Inc. ($4 million intervened settlement against pharmaceutical manufacturer arising from unlawful marketing to induce purchases of antipsychotic drugs to pediatric and geriatric patients) (2008); United States ex rel Piacentile v. Cephalon, Inc. ($375 million intervened settlement against pharmaceutical manufacturer arising from unlawful marketing to induce purchases of opioid and other prescription drugs (2008) 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) (2007).

Mr. Brooks also represents governmental entities, labor unions, and individuals in pharmaceutical and other healthcare litigation and dispute resolution. He currently serves as outside counsel to dozens of counties and cities around the country in their claims for damages incurred as a result of the national opioid epidemic.  Mr. Brooks previously served as outside counsel to 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 began his legal 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 Board of Directors of Arts for Arts and 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

Page County, VA Opioid Epidemic Lawsuit

Page County filed the lawsuit in state court against more than 15 opioid manufacturers, distributors, and PBMs — including pharmaceutical titan Purdue Pharma and worldwide distributor McKesson.

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Martinsville and Henry County, VA Opioid Epidemic Lawsuit

Martinsville and Henry County filed the lawsuit in state court against more than 15 opioid manufacturers, distributors, and PBMs — including pharmaceutical titan Purdue Pharma and worldwide distributor McKesson.

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Lee County, VA and Norton Opioid Epidemic Lawsuit

Lee County and the City of Norton filed the lawsuit in state court against more than 15 opioid manufacturers, distributors, and PBMs — including pharmaceutical titan Purdue Pharma and worldwide distributor McKesson.

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Montgomery County, VA Opioid Epidemic Lawsuit

Montgomery County filed the lawsuit in state court against more than 15 opioid manufacturers, distributors, and PBMs — including pharmaceutical titan Purdue Pharma and worldwide distributor McKesson.

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Fauquier County, VA Opioid Epidemic Lawsuit

Fauquier County, Virginia, filed the lawsuit in state court against more than 15 opioid manufacturers, distributors, and PBMs.

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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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Alexandria & Dickenson County, VA Opioid Epidemic Lawsuits

The City of Alexandria and Dickenson County, Virginia, represented by Sanford Heisler Sharp, LLP, and The Cicala Law Firm PLLC became the first municipalities in the Commonwealth of Virginia to pursue legal action against opioid manufacturers, distributors, and pharmacy benefit managers (PBMs) for their role in creating the public health emergency caused by prescription opioids.

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United States of America ex rel. Derrick v. Hoffman-La Roche LTD et al.

The Relator’s Complaint alleges that in 2013, Roche paid Humana a kickback in exchange for Humana placing Roche’s diabetes testing products on its Medicare Advantage formularies.

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Temple St. Clair Whistleblower Action – $796,000 Settlement

The case is thought to be the first in New York to recover money for the United States government based on the defendant’s failure to properly mark its products with their country of origin.

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Washington County, VA Opioid Epidemic Lawsuit

Washington County filed the lawsuit in state court against more than 15 opioid manufacturers, distributors, and PBMs — including pharmaceutical titan Purdue Pharma and worldwide distributor McKesson.

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  • Webinar, “The Implied Certification Theory: An Expansion of False Claims Liability?” The Knowledge Group, January 20, 2017
  • Presentation, “Identifying Whistleblowers, ” National Employment Lawyers’ Association (NELA), NELA Night, March 30, 2016

Third Parties That Help Others Defraud the Government Are Subject to False Claims Act Liability Too

If you work for a consultant, vendor, accountant, or other third party that you suspect may be helping another company to defraud the government, you may have a viable whistleblower case. The Department of Justice (“DOJ”) has repeatedly demonstrated its willingness to prosecute third parties that help companies doing business with the government to commit […]

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Recent DOJ Settlement of Qui Tam and Antitrust Claims in Bid-Rigging Case Shows That an Additional Remedy Does Not Have to Be an Alternate Remedy

The False Claims Act (“FCA”) incentivizes whistleblowers (“relators”) to provide information to the Government that could lead to a recovery of defrauded taxpayer funds, with a share of that recovery going to the whistleblower. But sometimes a relator’s information can lead the Government to pursue claims only on its own behalf, for which there is […]

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11th Circuit Applies FCA’s Statute of Limitations Tolling Provision to Non-Intervened Cases

If you are aware of a False Claims Act violation that occurred more than six years ago and are concerned that it may be too late to file a claim, you should give us a call. Whistleblowers generally have no more than six years to preserve their right to pursue a False Claims Act case […]

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