Kathleen McDermott

In recent months, Katie has been significantly involved in providing regulatory guidance and white collar defense representation for COVID-19 matters, including State Attorney Generals and DOJ subpoenas to healthcare providers on COVID-19 compliance, advice on price gouging and counterfeit supply chain issues, stimulus relief compliance and PREP Act and State immunity issues.

Katie is a recipient of the HHS Inspector General’s Integrity Award for her work in government healthcare fraud matters and has been recognized as a leading False Claims Act practitioner with both government and defense experience. She has been designated as a Benchmark National Litigation Star in White Collar Enforcement Investigations, a Washington DC Super Lawyer in white collar corporate matters and a Life Sciences Star in Fraud and Abuse by the Legal Media Group.

Katie teaches and publishes regularly on health industry compliance and enforcement developments. She currently serves as an adjunct faculty member at the University of Maryland Francis Cary School of Law where she teaches the healthcare fraud and abuse seminar. Active in bar associations and industry organizations, Katie is presently a member of the Bloomberg Advisory Board for Medical Devices Law and Industry Report, Chair of the Federal Bar Association Health Law Section and a member of the Women’s White Collar Defense Association.

In addition to scores of federal and state investigations, Katie has been involved in numerous trial and appellate proceedings in the past 33 years, including published and unpublished court decisions involving the False Claims Act, healthcare fraud, federal constitutional law, federal discrimination law and state law business torts.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 b(7) exclusion proceeding. IG v. Dinkel
• Defense counsel in OIG permissive exclusion proceeding for violation of Corporate Integrity Agreement provisions
• Several rehabilitation therapy investigations in several jurisdictions
• Several hospice and home health provider investigations and litigations in several jurisdictions
• Post-acute providers in state and federal quality of care and billing investigations in several jurisdictions
• Orthopedic surgeon practices in federal anti-kickback investigations
• Several international device companies in anti-kickback investigations
• Healthcare providers in numerous reimbursement, Stark and anti-kickback investigations
• Voluntary disclosures for national healthcare providers on reimbursement, Stark and anti-kickback matters
• Compliance counseling related to medical device global healthcare professional interactions and payment policies, international codes of ethics and transparency requirements, internal investigations and compliance reviews related to global operations