Ross Brooks is a Partner in the New York office of Sanford Heisler Kimpel, LLP, and Co-Chair of Sanford Heisler’s whistleblower practice. Mr. Brooks has been counsel in False Claims Act matters that have returned hundreds of millions in defrauded taxpayer dollars to the Government. Mr. Brooks has also represented municipalities, private third-party payers, and individual consumer classes in other civil litigation.
Mr. Brooks’ past False Claims Act recoveries have included United States ex rel. Gale v. Omnicare ($116 million settlement of claims against long-term care pharmacy arising from unlawful kickbacks paid to nursing homes to induce drug purchases); Mason v. Medline ($85 million settlement arising from medical supplies manufacturer’s unlawful kickbacks paid to hospitals to induce purchases of medical supplies); United States 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 patients to ASCs); United States ex rel. Cox v. Medtronic, Inc. (more than $4.4 million settlement arising from unlawful sales of medical devices under government contracts requiring compliance with the Trade Agreements Act); United States ex rel Gipson v. Pathway Genomics (more than $4.1 million settlement arising from unlawful kickbacks paid to physicians to induce government purchases of genetic tests); United States ex rel. Ohlmeyer v. City of New York ($1.4 million settlement of claims against the City of New York arising from failures to provide adequate psychological counseling to public school special education students).
Brooks also represents governmental entities, labor unions, and individuals in consumer fraud class actions and other civil litigation and healthcare cost recovery efforts. Mr. 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 has served as outside counsel to Nassau County in New York in In re Pharmaceutical Industry Average Wholesale Price Litigation (consolidated consumer fraud action alleging that over 40 drug manufacturers engaged in unlawful price inflation which defrauded the Medicaid program of millions of dollars in drug reimbursements).