healthcare fraud attorney

M. Tavy Deming

Attorney

Tavy Deming is a partner at Kenney & McCafferty. Since joining the firm in 2005, Ms. Deming exclusively represents whistleblowers in filing claims under the Federal and state False Claims Acts, the IRS Whistleblower Program and the SEC Whistleblower Program.

Ms. Deming’s record on behalf of whistleblowers speaks for itself. She represented clients in the three largest False Claims Act settlements in U.S. history, including the historic 2012 $3 billion GlaxoSmithKline global settlement that surpassed the then-record 2009 $2.3 billion Pfizer global settlement. Most recently, Ms. Deming represented the former Chief Compliance Officer of medical device titan Olympus resulting in yet another landmark settlement. The $646 million settlement, announced in March 2016, stands as the largest settlement of Anti-Kickback Statute violations in U.S. history and the largest settlement amount ever paid by a medical device company.

Consistently recognized by Philadelphia Magazine as one of Philadelphia’s Super Lawyers, Ms. Deming’s extensive repertoire also includes litigation of state and Federal False Claims Act cases. Ms. Deming is presently litigating companion whistleblower lawsuits pending in Texas state court and in the Eastern District of New York. Fortifying Ms. Deming’s experience in whistleblower litigation is a seven-year tenure engaged in complex commercial litigation prior to joining the firm.

 Ms. Deming earned her law degree from Villanova University in 1998 and her college degree from James Madison University. Ever the sports enthusiast, Ms. Deming earned an athletic scholarship to play for the James Madison University Women’s Golf Team. In 1993, Ms. Deming graduated magna cum laude having also earned Academic All-American Honors.

Experience:

Record setting March 2016 $623 million Olympus global settlement

$150 million Amedisys Settlement. Co-counsel to a coalition of informants who blew the whistle on a corporate scheme to falsely certify and recertify patients as eligible for home health services, when they were not eligible for such services, and to upcode the services rendered in bills submitted to Medicare for reimbursement. This settlement is, by far, the largest home healthcare settlement in the history of the FCA.

Historic 2012 $3 billion settlement with GlaxoSmithKline. Represented two whistleblower clients alleging GSK unlawfully promoted a portfolio of blockbuster drugs, including the number one selling prescription medication at the time (Advair), primarily through off-label marketing and kickback schemes. The GlaxoSmithKline settlement unseated the Pfizer settlement as the largest in the history of the False Claims Act.

Represented whistleblower in the 2012 $762 million global settlement with Amgen. This settlement stands as the largest ever involving a biotech company, and resolved client’s allegations that Amgen was promoting its top-selling anemia drug Aranesp by touting its safety and efficacy for unproven off-label uses and at dangerously high doses that were not approved by the FDA and by paying illegal kickbacks to influence health care providers to prescribe Aranesp over its competitors.

The second largest global FCA settlement in U.S. history, the 2009 $2.3 billion Pfizer, Inc. global settlement. Represented the first-filed whistleblowers alleging Pfizer’s schemes to promote unlawfully atypical antipsychotic Geodon ($300 million) and antibiotic Zyvox ($100 million).

2008 global settlement with Eli Lilly for $1.4 billion. Represented Long Term Care sales representative who blew the whistle on Eli Lilly’s dangerous off-label promotion of its potent atypical antipsychotic Zyprexa to elderly nursing home residents as an effective chemical restraint, despite the known three-fold risk of serious injury or death when prescribed to geriatric patients. The Zyprexa global settlement was the largest settlement in FCA history until the consummation of the Pfizer settlement the following year.


Education:

J.D., Villanova University
B.S., Political Science, Economics, James Madison University, magna cum laude

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