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Attorneys in
Exceptional Private-Public Partnership Win
2007 Trial Lawyer of the Year Award
Verdict in United States ex rel. Tyson v. Amerigroup
Earns Award for Chicago Team
CHICAGO -- Three Chicago trial attorneys,
two lawyers in the U.S. Attorney’s Office in Chicago, and three deputies in
the Illinois Attorney General’s Office have been named winners of the Public
Justice 2007 Trial Lawyer of the Year Award for proving that a major HMO,
the Amerigroup Corporation, submitted 18,130 false health care claims and
cheated the federal and state governments out of millions.
Frederick H. Cohen, David J. Chizewer,
Chad A. Blumenfield and Ann H. Chen of Chicago’s Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd.;
Samuel B. Cole and Michele M. Fox of the U.S.
Attorney’s Office in Chicago; and Paul Gaynor, David J. Adams and
Anne R.K.
Reader of the Illinois Attorney General’s Office were named winners of the
award bestowed annually to the lawyers who made the greatest contribution to
the public interest by trying or settling a precedent-setting case.
Taking up a whistleblower's cause in
United States ex rel. Tyson v. Amerigroup the team won the largest judgment
in the 150-year history of the federal False Claims Act, holding Amerigroup
Corporation accountable for bilking the government and depriving Illinois'
poorest citizens of health care. The jury awarded $48 million in damages and
found that Amerigroup had submitted 18,130 false claims to the federal and
state governments. When the jury's award was trebled and penalties were
added by the court, the total judgment against Amerigroup was $334,365,000.
The U.S. Attorney and Illinois Attorney General joined the case based on
evidence that the trial lawyers uncovered.
Cohen, Chizewer, Blumenfield, Chen, Cole,
Fox, Gaynor, Adams and Reader were among 37 lawyers in eight cases named as
finalists for their committed work in the public interest. The cases that
were nominated this year involve a range of issues, from worker safety and
environmental protection to juvenile justice reform and the rights of
Hurricane Katrina and Hurricane Rita victims.
Along with summaries of their cases, this
year’s other finalists honored at Public Justice’s 25th Anniversary Awards
Dinner and Gala on July 17th are listed below in alphabetical order by lead
counsel:
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W. Craig Bashein of Cleveland's Bashein & Bashein Co., L.P.A, along with his co-counsel,
Paul W. Flowers of Cleveland's Paul Flowers Co., L.P.A., John Smalley of Dayton's Dyer, Garofalo, Mann & Schultz, and
Patrick J. Perotti and Patrick T. Murphy of Painesville, Ohio's Dworken & Bernstein Co, LPA, for
Santos v. Ohio Bureau of Workers' Compensation. The Santos team recovered $52 million in a class action on behalf of injured Ohio workers who were required to reimburse the Ohio Bureau of Workers' Compensation for funds they collected from insurance companies or third parties in connection with their injuries - a practice known as "subrogation."
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Brent W. Coon of Brent Coon & Associates of Beaumont, TX for
Rowe v. BP Amoco Chemical Company in which plaintiffs were awarded significant, confidential settlements and BP was required to make charitable donations of at least $32 million to help improve worker safety and health care and release seven million pages of sealed corporate documents exposing BP's misconduct in connection with one of the worst refinery disasters in U.S. history. The March 23, 2005, an explosion and fire in Texas City, TX claimed 15 lives and injured hundreds more. Most of the victims were employees of the J.E. Merit Constructors, a contractor with BP.
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Kelly M. Dermody of Lieff, Cabraser, Heimann & Bernstein LLP in San Francisco,
Sidney A. Backstrom of the Scruggs Law Firm in Oxford, Mississippi, and
Edward D. "Chip" Robertson, Jr. of Bartimus, Frickleton, Robertson & Gorny in Jefferson City, MO for
Dancer v. Catholic Healthcare West. The team won final court approval of a class action settlement providing refunds and discounts worth $423 million to more than 780,000 uninsured patients who had been bilked by the hospital chain.
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Michael D. Donovan of Philadelphia's Donovan Searles, LLC, and co-counsel
Judith L. Spanier of New York's Abbey Spanier Rodd Abrams & Paradis, LLP, and
Rodney P. Bridgers, Jr. of Denver's Franklin D. Azar & Associates, P.C. for
Hummel v. Wal-Mart Stores, Inc., winning overtime pay for 186,000 current and former Wal-Mart and Sam's Club employees in Pennsylvania who had been wrongfully denied pay for extra hours they worked. After five weeks of trial, a Philadelphia jury awarded the hourly workers $78 million, covering over eight years of documented off-the-clock work hours and rest break violations.
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Paula Pearlman, Shawna Parks, and Heather McGunigle of the Disability Rights Legal Center;
Robert Mann and Donald Cook of the Law Offices of Robert Mann and Donald Cook;
Cynthia Anderson-Barker of the Law Office of Cynthia Anderson-Baker; and
Robert
K. Lu, Maria P. Hoye, Aaron G. Murphy and Jennifer K. Ing of Latham & Watkins, all of Los Angeles, CA for
John Doe 2 v. County of San Bernardino. As a result of settlements in the four-year class action, the three state agencies that are defendants in the case must overhaul how they work together to identify, treat, and educate youth with disabilities who are detained in juvenile halls.
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Stephen E. Ronfeldt of The Public Interest Law Project in Oakland, California, New York lawyers
Howard O. Godnick, Jeffrey S. Sabin and Daniel L. Greenberg of Schulte, Roth & Zabel, and
John
C. Brittain of the Lawyers Committee for Civil Rights Under the Law in Washington, DC for
McWaters v. FEMA. On behalf of approximately 42,000 evacuee families living in 4,000 hotels across the country, the team won a precedent-setting ruling in that forced FEMA to continue to pay the hotel bills for hurricane evacuees until they are able to transition to permanent housing.
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Teresa Tico, a sole practitioner in Kauai, Hawaii, for
Marvin v. Pflueger, in which Tico took on one of the state's most powerful land developers for destroying one local couple's home and killing the area's coral reef through illegal grading of land. Tico recovered damages for the couple and, as a result of the lawsuit, developer James Pflueger drew the largest penalty of any individual polluter in the history of the U.S. Environmental Protection Agency ($7.5 million); the largest fine ever from the Hawaii State Land Board ($4 million); and the most criminal convictions against an individual polluter in state history (10 felony convictions).
To read full descriptions of the cases,
click here.
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