Attorney Says Life Care Lawsuit Could Take Over A Year To Try

Wednesday, April 17, 2013

An attorney for Cleveland, Tn.,-based Life Care Centers of America said a government fraud lawsuit against the firm is so broad that it could take over a year to try it.

Chattanooga attorney Roger Dickson told Federal Judge Sandy Mattice that the way the case was brought "will bring a big, big burden on this court."

Government prosecutor Elizabeth Tonkin acknowledged that the case involves 60-80 of Life Care's 225 facilities and hundreds of patients.

She said the government will seek to prove fraud was so widespread at Life Care that a certain sample number of charges should be considered invalid.

She told the judge that Life Care routinely "filed false claims for therapy that was not medically necessary and much more than what the patient really needed. The charges were assessed at the highest levels possible from the time patients came into the facility."

Prosecutor Tonkin said the probe dates to 2006. She said the government started issuing subpoenas for records from Life Care in 2008.

Attorney Dickson said the issues involve "subjective decisions by physicians and therapists."

He said the situation involving each patient "can be a mini trial lasting a day or two."

Initial disclosures are due by May 17 and another meeting with the judge will be June 12 at 2 p.m. 

The suit seeks to recover millions of dollars that Life Care "caused the Medicare and TRICARE programs to pay for services that were not covered by the skilled nursing facility benefit, that were not medically reasonable and necessary, and that were not skilled in nature."

One "whistle blower" complaint was brought by Glenda Martin, a registered nurse and a former staff development coordinator of Life Care Center of Morristown, Tn.

Another was by Tammie Taylor, a former occupational therapist of Life Care Center at Inverrary, in Lauderhill, Fla.


Man Who Fell From Top Bunk At CCA Files $5 Million Lawsuit

A lawsuit filed against Hamilton County and the Corrections Corporation of America (CCA) says a man, who was supposed to be kept on a bottom bunk, was instead assigned to a top one and he then fell five feet onto a concrete floor. Brian Thomas Mosinak is asking $5 million in compensatory damages in the Circuit Court complaint. The suit says he was taken to the workhouse at ... (click for more)

CPD Transitions Zone To 11th Street To Provide "More Effective, Efficient Service"

This week the Chattanooga Police Department announced Alpha Zone will officially be housed at the 11th Street Precinct with Charlie Zone and Bravo Zone. The transition will provide increased coverage and quicker response times throughout Alpha Zone, a zone defined by CPD as beginning north of the Market Street Bridge and continuing to the Hixson area.  Officers reporting to ... (click for more)

Congrats To Super Citizen Helen Burns Sharp - And Response

Congratulations to super-citizen Helen Burns Sharp on both her initial IDB lawsuit and on Chancellor Fleenor's ruling.  Also, I wish her well on her current action. It's a shame that a private citizen such as Ms. Sharp has to invest so much time and money to keep a government agency honest.  Three cheers and thumbs up.  I thank her.  R.J. Johnson  ... (click for more)

Roy Exum: Apollos Hester’s Way

East View High was trailing at halftime by a pair of touchdowns in last Friday night’s game against unbeaten Vandegrift. But the players at the Georgetown, Texas, school each have a sticker on the back of their helmets that says “TPW” which is a constant reminder that “Tough People Win.” Then there is “attitude” and that is where running back Apollos Hester steps in. In what ... (click for more)

Former Tennessee Hoop Great A.W. Davis Dies

KNOXVILLE, Tenn. – Tennessee men's basketball All-American guard A.W. Davis passed away Tuesday   at the age of 71 at UT Medical Center. Funeral arrangements are pending and will be handled by Smith-Reagan Funeral Home in Rutledge, Tenn. UTsports.com will be updated with details. Davis, who played for the Vols from 1962-65, earned 1965 first-team All-America ... (click for more)

Chattanooga Golf Team Second At Wolf Run Intercollegiate

The Chattanooga Mocs men’s golf team is tied for second after 18 holes at the Wolf Run Intercollegiate. The Mocs and Florida Gators each shot 295 over the opening 18 to trail Illinois by 11 at 285 at Wolf Run Golf Club. The day’s docket had a scheduled 36 holes. Afternoon storms sent teams from the course prior to finishing. The remaining holes will be completed starting at 9:30 ... (click for more)