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Milwaukee Employment Law Blog

Whistleblower claim over mechanical thrombectomy device settles

Medical device manufacturers may seek to track the use and effectiveness of its products in many ways. However, the Department of Justice says that Covidien went too far by providing kickbacks for institutions that provided registry data. Authorities say that the manufacturer launched a registry to collect data regarding its mechanical thrombectomy device, Solitaire.

Soon after the U.S. Food and Drug Administration approved the device, the manufacturer began to solicit hospitals and health care institutions to provide information about use of the product and patient experiences. The company paid fees for any data input to the registry, according to the recently settled lawsuit.

Ex-Target pharmacist gets $570,000 in whistleblower lawsuit

As one of the nation's largest retailers, Target has more than 10 stores scattered across the Milwaukee metro area. The department store chain recently agreed to pay almost $3 million to resolve a whistleblower lawsuit that claimed the company violated Medicaid prescription rules prohibiting automatic refills.

The former Target pharmacist who filed the lawsuit in 2015 under the federal False Claims Act will receive $570,000 as his share of the settlement. His employment law attorney is slated to be paid $230,000 by Target for his work on the case.

ADA violations alleged at Walmart

Walmart is the largest retailer in the world, so of course it has several big stores in and around Milwaukee. A new lawsuit against the discount giant states that a supervisor at an outlet told workers that an HIV-positive clerk had AIDS. The suit says the lie resulted in workplace ostracism and a significant decline in both her physical and mental health.

An Equal Employment Opportunity Commission report says the evidence shows that the clerk was "harassed because of her disability and subjected to retaliatory disciplinary action after complaining." The federal agency adds that the supervisor violated the Americans with Disabilities Act (ADA) by sharing confidential information about the woman's health condition with co-workers.

Milwaukee climbs up list of worst cities for black Americans

Though some progress has been made here over the years, black Americans living in Milwaukee make only half of what their white counterparts earn, Wisconsin Public Radio recently reported. African Americans are also 12 times more likely to be incarcerated than white city residents.

The radio network says a financial company has ranked Milwaukee the second worst city in the nation for black Americans to live in. Racine has similar disparities in income and criminal justice, and places third on the list of the 15 worst cities for black Americans compiled by 24/7 Wall St.

Whistleblower claim: Oncology drugs repackaged to boost profits

The United States Department of Justice says that pharmaceutical giant AmerisourceBergen (and many subsidiaries) has agreed to settle a civil whistleblower lawsuit for a staggering $625 million. A separate related criminal case was resolved last year – the company agreed to pay $260 million in that case.

The government says in the claim that the drug company sought to pad its bottom line through several practices that unlawfully increased its profits through reimbursements from many government programs. The allegations involved a variety of cancer medications.

Former University of Wisconsin professor condemned for "toxic" sexual harassment

According to University of Wisconsin students and staff, a professor engaged in years of sexual harassment that included unwanted touching, staring and suggestive comments. Professor Harvey Jacobs was the epicenter of "toxic" behavior within the Department of Planning and Landscape Architecture, according to a university investigation.

A recent Wisconsin State Journal article notes that university investigators determined that Jacobs, who retired in May, left behind a "legacy of sexism" in a department that allowed a "boys will be boys mentality."

Federal judge: Wisconsin woman's FMLA lawsuit can proceed

A Wisconsin woman who worked as an administrative assistant played by the rules of the Family and Medical Leave Act ("FMLA"). She notified her employer that after her one-year anniversary at the firm that would make her FMLA eligible, she would have surgery to repair an old Achilles injury. Unfortunately, her employer tried to skirt the rules by informing her that she would instead be placed on unpaid medical leave. 

The employee tried to make the best of the situation. She spoke to the company's HR coordinator who assured her that if she moved the surgery up to a date before she became FMLA eligible, she'd be granted leave regardless and her job would be held for her. Despite the assurances, when push came to shove, the woman was denied leave and someone else was hired to take her position.

Large dialysis provider settles whistleblower claim for $270M

Commentators believe that many health care companies and medical providers exaggerate the severity of medical conditions of patients who receive Medicare benefits -- including participants of Medicare Advantage Plans - to increase company profits. Health care fraud depletes resources, and taxpayer money, effectively harming taxpayers and patients alike. Federal law allows individuals with knowledge of fraudulent practices to bring forth lawsuits on behalf of the government to recover taxpayer money that is obtained through fraudulent practices related to government programs or contracts.

The Department of Justice says that HealthCare Partners Holdings LLC, which is now a division of the well-known dialysis company, DaVita Inc., has agreed to settle a whistleblower lawsuit for $270 million. The settlement may be the largest to date among False Claims Act cases related to Medicare Advantage plans. The company does not admit any fault in settling the allegations. However, taxpayers and patients benefit when whistleblower cases recover funds to support our health care systems.

Lawsuit accuses Walker administration of wrongful discharge, more

Days ago, Wisconsin Gov. Scott Walker was narrowly defeated in a bruising bid for re-election. But the two-term governor's battles are not over, as a former state employee alleges in a filed lawsuit that she was wrongfully terminated in retaliation for speaking out against sexual harassment.

The former state Department of Children and Families civil service employee and current Milwaukee County Board supervisor also claims she was fired for refusing to provide false data and for speaking out against a Walker political ally.

Ex-coach cites "smoking gun" voicemail in age discrimination suit

Though it's early in the new season, the Milwaukee Bucks are off to a surprisingly good start, sitting atop the NBA's Central Division. The Cleveland Cavaliers, one of the Bucks' fiercest rivals, occupies the division cellar, however.

The Cavs' woes mounted a few days ago when former assistant coach Jim Boylan, 62, filed an age discrimination lawsuit against the organization, claiming that the team did not pick up the option in his employment contract because it wanted someone younger in that role.

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