The Fifth Circuit Court of Appeals Affirms Defense Verdict in Favor of Dowd Bennett Client
The Fifth Circuit Court of Appeals unanimously affirmed a defense verdict in favor of Fresenius Medical Care North America. The case was tried over two months in El Paso during 2010. The underlying case had been brought by Rebecca Gonzalez, a former Fresenius employee, and alleged that the company had submitted fraudulent bills to Medicare at two of its clinics in El Paso, Texas. After trial, the district court dismissed certain claims against Fresenius, and the jury returned a verdict in favor of the defendants on all remaining claims. The district court also awarded attorney’s fees in favor of Fresenius. Gonzalez appealed the district court’s findings and the jury’s verdict and the award of attorney’s fees to the Fifth Circuit. The Fifth Circuit affirmed the district court’s conclusions in their entirety. Dowd Bennett lawyers Jim Bennett, Megan Heinsz, and Jennifer Aspinall represented Fresenius at trial and in the appeal.