Ross B. Brooks is Of-Counsel to The Cicala Law Firm PLLC and a Partner of Sanford Heisler Sharp, LLP. As Co-Chair of Sanford Heisler Sharp’s whistleblower practice, Ross represents whistleblowers in matters brought under the False Claims Act (“Qui Tam”) and other whistleblower programs. Ross further represents governmental entities, labor unions and individuals in pharmaceutical and other healthcare litigation and dispute resolution.
Ross has served as lead counsel in numerous False Claims Act matters that have generated recoveries for whistleblowers and the Government, including U.S. ex rel Olarte v. Temple St. Clair ($796,000 intervened settlement arising from unlawful misrepresentations to customs authorities to avoid customs duties) (2018); U.S. ex rel Forrest v. Scripps ($1.5 million intervened settlement arising from unlawful billing practices relating to outpatient physical therapy services) (2017); U.S. ex rel Gipson v. Pathway Genomics ($4.1 million intervened settlement arising from unlawful kickbacks paid by genetic testing firm to physicians to induce patient referrals) (2015); U.S. ex rel. Cox v. Medtronic, Inc. ($4.4 million intervened settlement arising from unlawful medical device sales under government contracts requiring Trade Agreements Act compliance) (2015); U.S. ex rel. Cox v. Smith & Nephew ($11.3 million settlement arising from unlawful medical device sales under government contracts requiring Trade Agreements Act compliance) (2014); U.S. ex rel. Simmons v. Meridian, ($5.1 million settlement arising from unlawful kickbacks paid by ambulatory surgical center (ASC) owners to physicians to induce referrals of ASC patients) (2014); U.S. ex rel. Ohlmeyer v. City of New York ($1.4 million intervened settlement of claims against the City of New York arising from failures to provide adequate psychological counseling to public school special education students) (2014); U.S. ex rel. Gale v. Omnicare ($116 million settlement arising from unlawful kickbacks paid to nursing homes to induce drug purchases) (2013). Mason v. Medline ($91 million settlement arising from medical supplies manufacturer’s unlawful kickbacks paid to hospitals to induce purchases of medical supplies) (2011); United States ex rel Piacentile v. Otsuka American Pharmaceutical Inc. ($4 million intervened settlement against pharmaceutical manufacturer arising from unlawful marketing to induce purchases of antipsychotic drugs to pediatric and geriatric patients) (2008); United States ex rel Piacentile v. Cephalon, Inc. ($375 million intervened settlement against pharmaceutical manufacturer arising from unlawful marketing to induce purchases of opioid and other prescription drugs (2008) and United States ex rel. Marchese v. Cell Therapeutics, Inc. ($10.5 million intervened settlement against pharmaceutical manufacturer arising from unlawful marketing to induce purchases of cancer drugs) (2007).
Ross also represents governmental entities, labor unions, and individuals in pharmaceutical and other healthcare litigation and dispute resolution. He currently serves as outside counsel to dozens of counties and cities around the country in their claims for damages incurred as a result of the national opioid epidemic. He previously served as outside counsel to Nassau County in New York in In re Pharmaceutical Industry Average Wholesale Price Litigation ($275 million settlement in consolidated action alleging that over 40 drug manufacturers engaged in unlawful pharmaceutical drug pricing fraud that cost dozens of New York Counties millions of dollars in Medicaid expenditures). It was during his representation of Nassau County that Ross first met Joanne, who at the time represented the City of New York and 43 other counties as part of that consolidated litigation. As co-counsel, the two collaborated closely throughout. Ross has also represented labor unions and individual consumers in the consumer fraud class actions In Re Vytorin/Zetia Marketing, Sales Practices and Products Liability Litig., ($41.5 million settlement arising from fraudulent marketing of anti-cholesterol drugs to consumers) and In re Hydroxycut Marketing and Sales Practices Litigation ($25.3 million settlement arising from the fraudulent marketing of dietary supplements to consumers). Ross began his legal career working in the defense bar on behalf of Fortune 500 companies in complex commercial litigation. He performs regularly as a jazz guitarist in the New York metropolitan area, and serves on the Board of Directors of Arts for Arts and the Advisory Board of the Musicians Aid Society of New York (MASNY).
R. Brooks and I. Hemani, "Private Insurance Qui Tam Laws Expand Kickback Liability and Available Remedies to Private Insurers," Pharmaceutical Compliance Monitor (2016).
R. Brooks and I. Hemani, “Proposed CMS Rule Increases OIG and FCA Focus on the Medicare Part D Prescription Drug Benefit,” Pharmaceutical Compliance Monitor (2014).