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Jennifer L. Weaver

Healthcare providers responding to charges by government agencies and regulators, especially in matters involving the False Claims Act (“FCA”), seek out Jennifer Weaver’s counsel. A skilled litigator with relentless devotion to her client’s cause, Jennifer stands up for those compelled to defend their business practices. As Jennifer notes, when facing the resources and power of the government, even a Fortune 500 company can find itself in the role of an underdog. Clients that have benefited from Jennifer's aggressive advocacy include:

  • Ambulatory Surgery Center Companies
  • Behavioral Healthcare Companies
  • Home Health Companies
  • Hospitals
  • Medical Device Manufacturers
  • Pharmacy Benefits Managers
  • Physician Practice Groups
  • Skilled Nursing Facilities
  • Specialty Pharmacies

Jennifer's experience handling complex cases brought under the FCA has provided her with a detailed knowledge of the various issues that can arise in connection with the FCA. In addition to her extensive FCA and government investigations experience, Jennifer has defended numerous healthcare providers facing ZPIC audits, successfully overturning tens of millions of dollars in overpayments through the Medicare appeals process. Jennifer also represents healthcare providers in high-stakes business disputes across the country, in lawsuits against payers, and advises healthcare clients on compliance and regulatory issues.  

Experience

False Claims Act (FCA) Defense

  • Won summary judgment on behalf of national pharmacy benefits manager in Texas federal court (affirmed by Fifth Circuit), resulting in a landmark defense ruling on the issue of falsity in one of the largest FCA cases in the country
  • Secured dismissal of FCA case against lab company based on failure to plead specific false claims, affirmed by Sixth Circuit only one year after case was first unsealed
  • Secured voluntary dismissal of FCA case against rural hospital in Texas in exchange for agreement not to seek attorneys’ fees against physician whistleblower
  • Won summary judgment on all counts on behalf of behavioral healthcare company, resulting in complete dismissal of FCA case in Arkansas federal court
  • Secured dismissal of FCA case against behavioral healthcare company in California federal court and obtained attorneys’ fees award against whistleblower
  • Represented national home health company in FCA case in Tennessee federal court; won motion to dismiss at the pleading stage, before any discovery commenced 
  • Counsel for leading medical device manufacturer in FCA case in Tennessee federal court, in which the United States intervened; helped negotiate favorable settlement with the government
  • Counsel for non-profit nursing home in FCA investigation in Tennessee; secured favorable settlement with the U.S. Department of Justice based on single damages and without imposition of a CIA
  • Counsel for specialty pharmacy in FCA investigation in Tennessee; convinced U.S. Department of Justice to forego criminal proceedings against owner and negotiated favorable civil settlement on behalf of company
  • Counsel for ophthalmology practice in FCA investigation in Tennessee involving dilution of injections; case resulted in conviction of rogue physician without any civil or criminal charges being filed against the practice

Medicare Audits and Appeals

  • Successfully overturned $27 million overpayment against multistate physician practice resulting from ZPIC audit, reduced to $6900 through Medicare appeals process
  • Successfully overturned $16 million overpayment against national home health company resulting from ZPIC audit, reduced to $20,000 through Medicare appeals process
  • Defended Texas-based home health company in ZPIC audit finding 100% error rate on Medicaid claims for personal care services, successfully appealed to Texas OIG who concluded error rate was actually 0%

Healthcare Business Disputes

  • Defended ambulatory surgery center company in multimillion dollar lawsuit filed by a  disgruntled minority shareholder in California state court, alleging breach of fiduciary duty and unfair competition after board voted to terminate his interest in the LLC; won summary judgment on all counts in one of the strongest decisions protecting board decisions under California’s business judgment rule, as well as an award of attorneys’ fees
  • Won summary judgment on all counts in Tennessee federal court on behalf of healthcare clinical services company in case arising from failed acquisition, alleging breach of NDA, misappropriation of trade secrets and tortious interference with contract (affirmed by Sixth Circuit)
  • Secured dismissal of lawsuit filed by three physician investors in Pennsylvania state court on behalf of ambulatory surgery center company that expelled physician investors from partnership for violating their non-competes
  • Secured dismissal of lawsuit filed against Tennessee hospital by physician alleging wrongful revocation of staff privileges and unlawful reporting to National Practitioner Databank
  • Secured summary judgment victory on all counts in a nationwide ERISA class action against pharmacy benefits manager alleging that pharmacy benefit management is a fiduciary function
  • Obtained dismissal of two cases through motions to dismiss, before class certification or discovery phases commenced, in Tennessee statewide class action cases against pharmacy benefits manager involving copayments for mail order prescriptions

Professional

  • Member, Nashville, Tennessee, California and American Bar Associations
  • Member, American Health Lawyers Association
  • Member, Health Law Section of the American Bar Association

Prior Affiliations

  • Associate, O'Melveny & Myers LLP in Los Angeles, CA focusing on white collar criminal defense and complex civil litigation, 1999
  • Law Clerk for the Honorable Joseph R. Goodwin, United States District Court for the Southern District of West Virginia, 1997-1998

Education

  • J.D., Columbia University, 1997
  • B.F.A., with highest honors, New York University, Film and Television, 1993

Legal Services

Industries Served

Bar Admissions

  • Tennessee
  • California
  • Texas

Court Admissions

  • U.S. Court of Appeals for the Fifth, Sixth, Ninth and Eleventh Circuits
  • U.S. District Court, Central, Eastern and Southern Districts of California
  • U.S. District Court, Middle District of Tennessee
  • U.S. District Court, Northern, Eastern and Southern Districts of Texas