Houston, Texas 77002
Phone: (713) 529-5622
Fax: (713) 529-3785
Janis Gorton began her career at Berg & Androphy in 2008. She has worked almost exclusively on qui tam litigation since that time and is well-versed in the federal False Claims Act and analogous state statutes, including the California Insurance Fraud Prevention Act. Many of her cases have involved fraud pertaining to government health care programs, including fraudulent pharmaceutical price inflation, fraudulent reporting of usual and customary (U&C) prices, kickbacks associated with Medicare and Medicaid programs, Stark violations, billing for medically unnecessary services and services not provided, provision of worthless services, and off-label marketing.
Ms. Gorton has also handled cases involving whistleblower retaliation claims, procurement fraud related to contracts with the Department of Defense, as well as mortgage fraud. She has pursued cases in many jurisdictions across the United States, including federal courts in Florida, Georgia, Illinois, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oklahoma, Tennessee, Texas, Washington, and the District of Columbia.
Ms. Gorton is currently pursuing multiple qui tam suits, most of which are still under seal. Qui tam litigation is her passion, as she loves advocating for whistleblowers, as well as assisting state and federal governments with investigating and fighting fraud.
- J.D., University of Texas School of Law
- B.S., University of Texas at Austin, cum laude
Federal Criminal White Collar Appellate Update, The Appellate Advocate, State Bar of Texas Appellate Section Update, June 2011
Associations and Honors
- American Bar Association
- Federal Bar Association
- Houston Bar Association
- Taxpayers Against Fraud (TAF)
- Represented a whistleblower in a case against AmCap Mortgage, Ltd., which resulted in a settlement. The case, filed on behalf of the United States, alleged that AmCap, a mortgage lender participating in the Federal Housing Administration (FHA) Direct Endorsement program, violated FHA guidelines in connection with its origination, underwriting, quality control, and certifications in relation to mortgage loans it approved and submitted to the FHA.
- Represented one of several whistleblowers in a case against Encore Rehabilitation Services, which resulted in a settlement. The case, filed on behalf of the United States, alleged Encore caused skilled nursing facilities to submit false claims to Medicare for therapy services that were not reasonable, necessary, or skilled. The settlement resolves allegations that Encore’s policies and practices at three Michigan skilled nursing facilities resulted in the provision of unreasonable, unnecessary, or unskilled rehabilitation therapy or the recording of therapy minutes as individual therapy when concurrent or group therapy was actually provided. Contemporaneous with the civil settlement, Encore entered into a five-year Corporate Integrity Agreement (CIA) with the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG). The CIA requires Encore to implement a risk assessment and internal review process to address compliance risks, as well as training, auditing, and monitoring designed to address the conduct at issue in the case.
- Represented a whistleblower in a case against Health Services Management, Inc. and Huntsville Health Care Center, which resulted in a settlement. The case, filed on behalf of the United States and the State of Texas, alleged that the defendants billed Medicare and Texas Medicaid for services, which were not rendered or were so deficient and substandard that they harmed nursing home patients and were essentially worthless services. The settlement netted the Government and client more than $4.5 million. In addition to the monetary settlement, the parties’ agreement required HSM to enter into a Corporate Integrity Agreement with the Office of the Inspector General.
- Represented a whistleblower in a retaliation claim, resulting in a favorable settlement after mediation.
- Represented whistleblowers in a case against Mallinckrodt Pharmaceuticals, Tyco International, Ltd., Tyco Healthcare Group LP, and Covidien, who agreed to pay nearly $1 million to settle civil allegations that they caused state Medicaid programs to pay inflated rates for prescription medications by submitting inflated pricing information to Medicaid agencies and to third-party compendia publications used by state agencies to set Medicaid reimbursement amounts.
- Represented whistleblowers in a case against a pharmaceutical manufacturer. The case involved allegations of price inflation and resulted in a settlement.
- Represented one of six whistleblowers in a case against Encompass Health Corporation (formerly known as HealthSouth Corporation), the nation’s largest operator of inpatient rehabilitation facilities (IRFs). The defendant agreed to pay $48 million to resolve allegations that some of its IRFs provided inaccurate information to Medicare to maintain their status as an IRF and to earn a higher rate of reimbursement.
- Represented whistleblowers in a case against PharMerica Corporation, which agreed to pay $4.9 million to settle civil allegations that it sought and received kickbacks from a drug manufacturer in the form of discounts in exchange for promoting the antidepressants Remeron and Remeron SolTab in long-term care nursing facilities.
- U.S. Court of Appeals, Fifth Circuit
- U.S. District Court, Southern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, District of New Mexico
- U.S. District Court, Western District of Michigan
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Western District of Oklahoma
- U.S. District Court, Western District of Texas