Joel Androphy Civil Cases

Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Frazier Masonry Corporation of Camarillo, California and other entities and individuals, who agreed to pay nearly $1.9 million to settle civil allegations that they conspired to defraud the United States in connection with military construction projects at Camp Lejeune, North Carolina and Camp Pendleton, California.

Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Children’s Physician Services of South Texas, Driscoll Genetic Services, Center for Genetic Services, and Radiology Associates, who agreed to pay $2.3 million to settle civil allegations that they engaged in false or fraudulent conduct by double-billing the Texas Medicaid program, TRICARE, and the Federal Employee Health Benefit Program for the professional reading and interpretation of genetic ultrasounds.

Joel Androphy, Sarah Frazier and Rachel Grier won a settlement with Baylor University Medical Center, Baylor Health Care System, and HealthTexas Provider Network (collectively Baylor) in a qui tam action in the United States District Court. Baylor agreed to settle civil charges that they engaged in false or fraudulent conduct by improperly billing federal healthcare programs for robotic stereotactic treatment delivery without corroboration of direct physician supervision and overbilling for services associated with stereotactic procedures without the necessary documentation in the medical record or as duplicative claims for services already performed and paid in conjunction with other services. The settlement netted the clients and government approximately $880,000.

Joel Androphy, Sarah Frazier and Kathryn Nelson won a settlement with American Grocers in a qui tam action in United States District Court. The case involved the alteration of expiration dates on food products sent to American troops in the Middle East.

Joel M. Androphy and Sarah Frazier represented one of the nine whistleblowers and won a settlement with Eli Lilly in a civil qui tam action in U.S. District Court. The case involved off-label marketing of the drug Zyprexa. This civil settlement netted the government and all whistleblowers about $750 million. The government will also receive an additional $600 million in criminal fines.

Joel Androphy won a settlement with King Pharmaceuticals in a qui tam action in United States District Court. The settlement netted the client and the government about $119 million. The case involved the underpayment of Medicaid rebates, false claims, and best price violations.

Joel Androphy won a settlement with Pfizer in a qui tam action in U.S. District Court. The case involved the underpayment of medicaid rebates, false claims and best price violations for the drug Lipitor. The settlement netted the client and government about $46 million.
For more information see the Wall Street Journal, Washington Post, National Law Journal and other major news archives for October 29, 2002.

Joel Androphy and Sarah Frazier won a settlement with Rotech Healthcare, Inc. in a qui tam action in United States District Court. Rotech paid $2 million to settle civil charges that it engaged in false or fraudulent conduct in billing Medicare for durable medical equipment. The government declined intervention. This settlement netted the client and government about $1.78 million. The negotiated settlement amount was a reflection of Rotech’s stock price of 34 cents per share at the time of settlement, down from $21 in early 2004 when Ms. Bell-Messier filed suit.

Joel Androphy and his partner, David Berg, along with New York counsel, represented Deutsche Bank in its successful defense in the Enron securities class action.

Androphy, along with New York counsel, represented Credit Suisse in its successful defense in the El Paso securities class action.

Androphy defeated the Securities and Exchange Commission in a federal fraud suit for injunctive relief, and obtained a million dollar judgment in a breach of contract suit in federal court. He also obtained a substantial confidential settlement in a pipeline explosion case. In October of 2002, he also won a settlement with Pfizer in a qui tam action in the U.S. District Court. The settlement netted the client and the government about $46 million. The case involved the underpayment of Medicaid rebates, false claims and best price violations for the drug Lipitor.

Androphy obtained a substantial confidential settlement in a case alleging negligent treatment of an 88 year old woman at a nursing home, and a confidential settlement, including a public apology, in four cases filed against the Catholic Church, on behalf of four men who alleged they had been sexually molested by a priest when they were minors. In the same year, Androphy obtained a dismissal in state court of a multi-million dollar fraud, conspiracy and breach of contract suit against his client, a temporary employment service.

Representing the plaintiff, Androphy settled a multimillion dollar antitrust action involving the ready-mix cement industry.

Androphy obtained a substantial, confidential settlement for the survivors of a young father who, Androphy alleged, was beaten to death in the Pasadena city jail.

Just before trial, Androphy obtained a settlement from the City of Houston for the estate of a teenager who died while in police custody. The settlement netted the client about $240,000.

Androphy obtained a $179,000 verdict in a case he tried pro bono on behalf of a dying AIDS victim whose assets had been swindled by a caregiver, the first case of its kind in Houston.

During trial, Androphy negotiated a substantial settlement for a former NASA official who was falsely arrested and incarcerated by U.S. marshals.

Androphy negotiated a settlement on behalf of a major shareholder claiming fraud in the operation of a local bank. The settlement netted the clients about $1,965,000.