Katie McDermott defends healthcare and life sciences clients throughout the United States in government investigations and litigation matters relating to criminal, civil, and administrative allegations, including violations of the False Claims Act related to off-label promotion, anti-kickback, reimbursement, privacy, and quality of care violations. Katie also advises on compliance matters relating to voluntary government disclosures, consent decrees, and corporate integrity agreements with the Office of Inspector General (OIG) and US Department of Justice (DOJ), as well as corporate fraud, abuse, and transparency compliance issues.
A former Assistant US Attorney and US Department of Justice (DOJ) Healthcare Fraud Coordinator, Katie is the recipient of the HHS Inspector General’s Integrity Award for her work in government healthcare fraud matters. She has been involved in the False Claims Act practice area and related parallel proceedings for 25 years and has been recognized as a leading False Claims Act practitioner with both government and defense experience. Katie has been designated as a DC Super Lawyer in white collar corporate matters and recognized as a Life Sciences Star in Fraud and Abuse by the Legal Media Group.
Katie teaches and publishes regularly on healthcare compliance and enforcement developments. She served as a faculty member for the Seton Hall Health Care Compliance Program, and as a founding faculty member teaching healthcare fraud and compliance at University of Maryland Francis Cary School of Law and the Catholic University Columbus School of Law.
Active in bar associations and industry organizations, Katie has served as chair of the American Health Lawyers Association’s Fraud and Abuse Practice Group, as co-chair of the ABA False Claims Subcommittee of the ABA White Collar Section, and chair of the Maryland State Bar Litigation Section. Katie is presently a board member for BNA Medical Devices Law and Industry publications and an officer on the Federal Bar Association Health Law Section.
In addition to scores of federal and state investigations, Katie has been involved in numerous trial and appellate proceedings, including published and unpublished court decisions involving the False Claims Act, healthcare fraud, federal constitutional law, federal discrimination law and state law business torts. Recent corporate defense counsel representations in the health industry include:
Defense counsel for international device company in a False Claims Act whistleblower action for off-label promotion of products related to biliary stents in US District Court (N.D. Texas). US ex rel. Colquitt v. Cordis Corporation et al.
Defense counsel for clinical research organization in False Claims Act litigation in US District Court (W.D. NC) and Fourth Circuit appeal, dismissal affirmed by the Fourth Circuit. US ex rel. Walterspiel v. Bayer AG et al. (for Quintiles Transnational Corporation).
Defense counsel in False Claims Act qui tam against academic medical center in US District Court (M.D. Florida), declined and dismissed by relator.
Defense counsel for national hospice provider in False Claims Act litigation in US District Court (D.Nev.). US v. Creekside Hospice and Skilled Healthcare.
Defense counsel in False Claims Act qui tam litigation alleging hospital quality of care violations for Georgia hospital in US District Court (S.D. Ga). US Satilla Health Systems.
Defense counsel in litigated OIG permissive false claims exclusion proceeding. IG v. Dinkel.
Defense counsel in OIG permissive exclusion proceeding for violation of Corporate Integrity Agreement provisions.
Rehab therapy investigations in several jurisdictions.
Post-acute providers in state and federal quality of care and billing investigations.
Health plans in Medicare Advantage investigations.
Orthopedic surgeon practices in federal anti-kickback investigation.
Several international device companies in anti-kickback investigations.
DOJ False Claims Act qui tam involving hospital kyphoplasty procedures. (W.D.N.Y.)
Healthcare providers in numerous reimbursement, Stark and anti-kickback investigations.
Voluntary disclosures for national healthcare providers on reimbursement, Stark and anti-kickback matters
Transaction due diligence for health industry acquisitions on fraud and abuse issues and government investigations.
OIG CIA counsel for international device companies.
Compliance counseling related to global healthcare professional interactions and payment policies, international codes of ethics, and internal investigations and compliance reviews related to global operations.
Suffolk University Law School, 1986, J.D., Cum Laude
Wright State University, 1982, B.A., University Honors Scholar
District of Columbia
Clerkship to Judge William Adkins of the Court of Appeals of Maryland (1986 - 1987)
Awards and Affiliations
Assistant US Attorney and DOJ Health Care Fraud Coordinator, Affirmative Civil Fraud Coordinator, Professional Responsibility Officer, for the US Attorney's Office, District of Maryland, 1991 to 1999
Named, Modern Healthcare ’s “Largest Healthcare Firm” (2016–2017)
Listed, Benchmark National Litigation Star in White-Collar Crime/Enforcement/Investigations (2016–2017)
Noted in The US Legal 500 for Healthcare: Life Sciences (2014, 2016)
Listed, LMG Life Sciences Guide "Life Sciences Star" – Fraud and Abuse (2012–2016); Non-IP Litigation and Enforcement (2016)