About Ronald H. Clark, Ph.D., J.D.

In 2004, Washingtonian Magazine named Ronald H. Clark as one of Washington, DC’s top qui tam lawyers.

He is also listed in Washington Super Lawyers for 2007, 2008 and 2009 (healthcare).

False Claims Act/ Qui Tam Defense Consultant and Expert Witness

Ron has litigated a significant number of FCA/Qui Tam cases, as an assistant US attorney, as a trial attorney and senior trial counsel at the Civil Division of the Department of Justice, and for 14 years as a defense counsel. There is no substitute for experience in this complicated area, where knowledge of the law and how the federal courts handle these cases is an invaluable advantage to the litigator.

Coupled with his extensive publications and expert testimony, it is safe to say there is no area of the FCA with which Ron is not familiar and cannot offer the highest level of professional representation to his clients. He is also fully conversant with many state FCA statutes, particularly California’s due to his successful representation of a hospital system in state court. See, Robert N. Bury v. Community Hospitals of Central California, 2002 WL 968833 (Cal.App. 5 Dist.). He is also conversant with most of the new state and municipal false claims acts, including, e.g., the District of Columbia False Claims Act; the New Jersey False Claims Act; the New York City False Claims Act; the Virginia Fraud Against Taxpayers Act; the Florida False Claims Act; and the Texas False Claims Act.

The following is a listing of the more than 22 FCA published decisions that Ron has handled. He also has been involved with many more than these published decisions.

US Court of Appeals Decisions
United States ex rel. Conner v. Salina Regional Health Center, 543 F.3d 1211 (10th Cir. 2008)
Dingle v. BioPort Corp., 388 F.3d 209 (6th Cir. 2004); cert. denied, 125 S. Ct. 1708 (2005)
Temple University of Commonwealth System of Higher Education v. Rehnquist, 2002 WL 31012237 (3d Cir. 2002)
United States ex rel. Bennett v. Genetics & IVF Institute, Inc., 1999 WL 978881 (4th Cir. 1999)
United States ex rel. Covington v. Sacred Heart Hospital, 1995 WL 418311 (9th Cir. 1995)
United States v. TDC Management Corp., Inc., 24 F.3d 292 (D.C. Cir. 1994)

US District Court Decisions
United States ex rel. King v. Alcon Laboratories, Inc., 2005 WL 20372 (N.D. Tex. 2005)
Visiting Nurse Ass'n of Brooklyn v. Thompson, 378 F. Supp.2d 75 (E.Dexpert.N.Y. 2004)
United States ex rel. Harris v. Bernad, 275 F. Supp.2d 1 (D.D.C. 2003)
United States ex rel. Dingle v. BioPort Corp., 270 F. Supp.2d 968 (W.D. Mich. 2003)
Temple University v. Brown, 2001 WL 185535 (E.D. Pa. 2001)
United States ex rel. Aranda v. Community Psychiatric Centers of Oklahoma, Inc., 945 F. Supp. 1485 (W.D. Okla 1996)
United States ex rel. Milam v. Regents of the University of California, 912 F. Supp. 868 (D. Md. 1995)
United States ex rel. Public Integrity v. Therapeutic Technology, Inc., 895 F. Supp. 294 (S.D. Ala. 1995)
United States ex rel. Stephens v. Prabhu, 1994 WL 761237 (D. Ariz. 1994); also, 1994 WL 761236 (D. Ariz. 1994)
United States v. Crescent City, E.M.S. Inc., 151 F.R.D. 288 (E.D. La. 1993)
United States ex rel. Condie v. Regents of the University of California, 1993 WL 740185 (N.D. Cal. 1993)
United States ex rel. Burr v. Blue Cross/Blue Shield of Florida, Inc., 1992 WL 521775 (M.D. Fla. 1992)
United States v. Medical Management Co., 799 F. Supp. 1348 (E.D.N.Y. 1992)
United States ex rel. McCoy v. California Medical Review, 133 F.R.D. 143 (N.D. Cal. 1990); also, 723 F. Supp. 1363 (1989); also, 715 F. Supp. 967 (N.D. Cal. 1989)
 

Cases Voluntarily Dismissed by Relator
United States ex rel. Teitelbaum v. Alaska Airlines, Inc., American Airlines Inc., Air Tran Airways, Continental Airlines; Hawaiian Airlines, Inc., Southwestern Airlines Co., JetBlue Airways Corporation, et al., Civil Action No. 04-12450-MEL (D. Mass.)
Bury, et al. v. Community Hospitals of Central California, No. 1:99-cv-5129 (E.D. Cal. 2007)

Kyphon, Inc. Hospital Litigation
In the aftermath of its 2008 $75 million qui tam settlement with Medronic, Inc., which had acquired Kyphon, Inc., the Department of Justice is now beginning investigations and negotiations with individual hospitals seeking further recoveries under the False Claims Act. At issue is a procedure called "Kyphoplasty," which involves a minimally invasive procedure inserting a balloon-like device filled with cement into the spine of a patient to repair spinal weakness and damage. The government believes that some hospitals may have been encouraged by Kyphon improperly to admit patients for in-patient hospital stays, rather than to designate them as outpatients, in order to maximizer Medicare, Medicaid and other federal healthcare plan reimbursements. Ron was involved in successfully negotiating the first of these new cases on behalf of a large midwestern hospital system. [Read Ron's blog article for more detail about Kyphon Inc. hospital litigation]

Pertinent Experience

Between 1995 and 2008, Ron was Counsel and a Partner at at a prominent Washington D.C. law firm, where he concentrated on defensive False Claims Act/Qui Tam litigation and serving as an expert witness in state and federal courts on federal and state false claims act issues.

From 1984 to 1995, Ron served as trial attorney and senior trial counsel at the U.S. Department of Justice. He conducted litigation relating to fraud against the government under the False Claims Act (primarily government procurement fraud), including appeals, and supervised attorneys in litigation pertaining to health care fraud, including all qui tam cases. He participated in negotiation of the settlements in both the National Health Laboratories ($110 million) and National Medical Enterprises ($324 million) cases. While at the Justice Department, Ron was the principal liaison with the inspector general for the Department of Health and Human Services.

From 1982 to 1984, Ron was an assistant US attorney for the District of New Jersey, where he concentrated on white-collar fraud and toxic torts litigation. Before joining the US attorney’s Office, he was an associate at a law firm in Washington DC, where his practice consisted of telecommunications (US v. AT&T) and ICC administrative litigation.

Following his graduation from law school, Ron served as a trial attorney in the Antitrust Division of the US Department of Justice. He was primarily involved in antitrust investigations and litigation dealing with energy issues. While in law school, he interned in the Antitrust Section of the Ohio Attorney General’s Office.

Before attending law school, Ron was an assistant professor of political science at Denison University and a visiting assistant professor at both the Ohio State University and the University of California at Santa Barbara.

Professional Activities

Ron is active in a variety of professional associations. He currently holds membership in the American Health Lawyers Association, The Supreme Court Historical Society, the Law and Society Association, the American Society for Legal History, the American Bar Association, the Omohundro Institute of Early American History & Culture, and the Colonial Williamsburg Foundation.

Recognition

In 2004, Washingtonian Magazine named Ron as one of Washington, DC’s top qui tam lawyers.

He is also listed in Washington Super Lawyers for 2007, 2008 and 2009 (healthcare).

Ron was a Woodrow Wilson Dissertation fellow while obtaining his PhD from the University of California. He served as the executive articles editor of the Capital University Law Review and as a member of the National Moot Court Team. He is a member of the Order of Barristers.

Articles and Books

Ron is a frequent contributor to professional journals. He has written extensively on the topics of the False Claims Act, qui tam litigation, government investigations and compliance issues. Read some of his published writings.

Bar and Court Admissions

District of Columbia Bar
Ohio (inactive)
US Court of Appeals, District of Columbia Circuit
US Court of Appeals, Third Circuit
US Court of Appeals, Fourth Circuit
US Court of Appeals, Fifth Circuit
US Court of Appeals, Sixth Circuit
US Court of Appeals, Ninth Circuit
US Court of Appeals, Tenth Circuit
US Court of Appeals, Eleventh Circuit
US Court of Appeals, Federal Circuit
US Court of Federal Claims
US District Court, Northern District of California
US District Court, District of Columbia
US District Court, Southern District of Illinois
US District Court, District of Maryland
US District Court, Eastern District of Michigan

Education

Capital University, JD (magna cum laude)
University of California, Santa Barbara, MA, PhD
University of California, Riverside, AB