Representative Cases of Attorney Rusty Tucker
Whistle Blower/ Qui Tam Cases
- Represented whistleblower in $339.4 Million Judgment obtained against 4 individuals in one of the largest recoveries for home health care fraud in the history of the United States. Relator entitled to 23% of the recovery from a Related criminal case resulting in forfeiture of hundreds of millions of dollars by the Defendants. All 4 Defendants were found guilty and/or pled guilty and received jail sentences ranging from 2 ½ to 17 years.
- Represented multiple whistleblowers/Relators in cases against Xerox State Healthcare f/k/a ACS State Healthcare in settlement of $235.9 Million for allegedly approving claims to be paid by Medicaid that should not have been paid for orthodontic and dentistry claims
- Represented 2 whistleblowers/ Relators in $8.45 Million Settlement in the largest settlement in State of Texas in a provider dental Medicaid Fraud case under the Texas Medicaid Fraud and Prevention Act
- $4.5 Million Settlement in the State of Texas in a dental Medicaid Fraud case under the Texas Medicaid Fraud and Prevention Act
- Home health care cases involving false certifications for the need for home health care where patients did not meet the criteria for being “homebound”, including on most occasions the doctor certifying the need for home health care never even observed the patient
- $1.125 Million partial settlement in Medicare and Medicaid Fraud transportation case involving Yellow Cab (case is still pending for majority of Claims)
- Multiple Dental and Orthodontic Medicaid Fraud cases under the Texas Medicaid Fraud and Prevention Act
- Hospital Medicare Fraud cases involving Stark Law violations, illegal kickbacks, billing for services not rendered; upcoding for services that were rendered; systematic waiver of co-pay; false certifications for care not medically necessary
- Doctor Medicare and Medicaid Fraud cases involving Stark Law violations, illegal kickbacks, billing for services not rendered; upcoding for services that were rendered; systematic waiver of co-pay; false certifications for care not medically necessary
- Unnecessary Laboratory Testing Cases involving laboratory testing that was not medically necessary
- SEC Whistleblower case involving alleged securities fraud involving large oil and gas company
Medical Malpractice
- *$50 million verdict in wrongful death nursing home neglect case involving undiagnosed bleeding ulcer
- Medical malpractice action against hospital and doctors for medical malpractice involving several infants in a neonatal intensive care unit of the hospital (approximate $20 million settlement)
- Medical malpractice action for wrongful death during surgery allegedly caused by excessive bleeding from improper use of an intra-aortic balloon pump
- Injuries causing by improper insertion of pedicle screws during back surgery
- Brain damage to infants during delivery
- Improper Anesthesia cases including one where elderly patient caught on fire during routine surgery causing 3rd degree burns
- Paralysis caused by surgeon damaging spinal cord while removing tumor in lung
- Suit for wrongful death during coronary artery bypass surgery
- Injuries and disfigurement of patient who suffered necrotizing fascitis following heart surgery
- Improper adoption case where mother was not given adequate time after being under medication to give written consent to adoption
- Wrongful death action involving patient who overdosed on prescription pills from doctor who ran a “pill mill”
- Surgical infection cases of varying types
- Wrongful death due to bacterial infection in intensive care unit
- Cerebral Palsy cases
- Brain Damage to Infants
- Paralysis resulting from dura surrounding spinal column being nicked during surgery
- Multiple medical malpractice actions for failure to properly diagnose conditions, including one case where the patient became paralyzed due to the failure of multiple hospitals and physicians to diagnose an aneurismal bone cyst and the patient had to go to Mexico to get an MRI that detected the problem
- Injuries to infants during delivery
- Meningitis due to bacterial infection in neonatal intensive care unit of hospital
- Medication errors by nurses in hospital
- Failure to have enough blood on hand for patient needing blood transfusion
Nursing Home Litigation
- $50 million verdict in wrongful death nursing home neglect case involving undiagnosed bleeding ulcer
- Nursing home case for abuse to 88 year old resident with multiple fractures
- Nursing home cases involving decubitus ulcers for lack of improper turning
- Nursing home case for injuries sustained by dropping patients
Personal injury Litigation
- $3.1 million verdict in a wrongful death case against a Dallas area city where the deceased was refused ambulance service and bled to death from a ruptured ovary
- Injuries sustained by 4 wheeler victim
- Wrongful death of car accident victim who was killed by drunk driver
- Excessive force case against school for teacher improperly disciplining mentally retarded student
- Intersectional collision cases
- Single vehicle crashes
- Tire defect cases
- Pedestrian/vehicle accidents
- Severe burns sustained by oil field worker
- Impaired boat operator
- Multiple suits against cities under the Tort Claims Act including one wrongful death case where client burned alive when fire trucks showed up on site of a home fire and there was no water on the fire truck
Insurance Bad Faith Litigation
- $11.4 Million settlement in Insurance bad faith action against an insurer and insurance brokers for bad faith denial of an insurance claim for business interruption insurance ($5.4 Million Bad Faith Damages plus payment of $6 Million policy).
- $3 Million Settlement of Bad faith insurance claim due to a denial of life insurance benefits claim (recovered full policy amount)
- Insurance bad faith action where it was discovered that the claims department was intentionally deleting claims from the system
- Bad faith refusal to pay commercial liability policy for fire damage after insurer claimed arson
Securities Litigation
- $4.5 Million Settlement of Shareholder action on behalf of preferred shareholders and debenture holders as the result of the unlawful spinoff of a subsidiary to common shareholders to the detriment of preferred shareholders resulting in approximately $40 Million recovery for all affected shareholders after spinoff was overturned by Court
- Claims by former CEO of Fortune 500 company for failing to pay severance package agreed upon
- Shareholder action for losses sustained by defrauded investors for failure to adequately disclose risks of investment
- DTPA and fraud action against multi-level marketing company
- Failure to make adequate disclosures in private offering memorandum
Products Liability
- Suit against manufacturer of “agent orange” on behalf of a Vietnam vet who suffered injuries and illness secondary to “agent orange” use by the military during the Viet Nam war
- Confidential Settlement in lawsuit against major international drug company for partial paralysis caused by flu vaccine
- Suit against manufacturer of drug rezulin (removed from the market by the FDA) for wrongful death due to liver damage caused by the drug
- Wrongful death and injuries sustained by multiple “fen-fen” clients against drug manufacturers
- Manufacturers of bone screws and plates
Oil and Gas Litigation
- $13.4 Million Judgment for elderly investors defrauded in oil and gas investments in South Texas
- Underpayment of royalties by oil and gas producers
- ”Take or Pay” litigation on behalf of oil and gas producers against gas pipeline companies (including a case that went to the U.S. Supreme Court)
- Injuries and property damage caused by gas well blowout
- Improper drainage cases
- Injuries to oil field workers
Business Litigation
- Fraud claim in a business litigation case on behalf of a Seller of a hospital to a large Dallas hospital chain on an earn-out basis and gross underpayment based on misrepresentation at time of sale resulting in an approximate $12 Million confidential settlement
- Massive business litigation fraud and breach of fiduciary duty case involving trust funds of prominent Dallas family with hundreds of millions of dollars at issue
- DTPA case for misrepresentation as to capabilities of computer system
- Breach of Contract cases involving failure to honor various terms of the agreements
- Multiple DTPA (Texas Deceptive Trade Practices Act)cases of varying types
Employment Litigation
- Improper retaliation against nurse who complained about overcrowding conditions at hospital
- Suit by doctor to regain privileges at hospital for improper termination of privileges
- Improper termination without cause
- Sexual harassment claims
- Rape of hospital employee due to inadequate security/lighting