(212) 292-4573 tmcinnis@mcinnis-law.com

Info for Lawyers

We form a variety of case by case associations with other attorneys and law firms on particular whistleblower matters, as described below:

We frequently seek local counsel on matters filed in jurisdictions where we are not licensed to practice and for which we cannot apply on our own for admission pro hac vice. Typically, we compensate local counsel who performs only ministerial functions associated with commencing an action with a small share of the proceeds from the case if it is successful.

We also seek to form more substantive co-counsel alliances with other lawyers to handle large and complex cases, usually, after we have survived motions to dismiss non-intervened cases, and, most commonly, where extensive human and technology resources are needed for discovery and summary judgment purposes, and, in rare cases, for trial. In these instances, we compensate co-counsel with a substantial share of the proceeds from the action if it is successful, as well as a pro rata share of any recovered statutory hourly attorneys’ fees.

Finally, we also associate with co-counsel on matters where other attorneys have particular expertise, experience or relationships that are especially helpful on specialized, unique or complex matters. In these instances, we compensate co-counsel with a substantial share of the proceeds from the action if it is successful, as well as a pro rata share of any recovered statutory hourly attorneys’ fees.

Conversely, we are willing and able to serve as local counsel and/or co-counsel to other attorneys and law firms with existing whistleblower clients and matters. Among other things, we are particularly interested in helping other attorneys get favorable government intervention decisions. We provide local counsel and co-counsel services under contingency and pro rata statutory hourly attorneys’ fee terms similar to the ones we agree to when we retain local counsel or co-counsel for our matters.

We are also happy to pay referral fees to other attorneys in appropriate cases where the referring attorney does not actively participate in the matter after the initial referral and typically does not have whistleblower expertise and experience. In these instances we compensate referring counsel with a significant share of the proceeds from the action if it is successful.

Please contact us to discuss any of the above local counsel, co-counsel and referring counsel arrangements in greater detail.

"Tim McInnis is an amazing attorney. He is intelligent, thorough, ethical, kind and he works very strategically in order to insure the best outcome for his clients. I would trust him with my life. He is not only an excellent attorney, but he is a compassionate person."
Denise A. Romano, January 2004

"Tim McInnis is a superb lawyer for whistleblowers. As both a relator and a lawyer I worked with for more than three and a

On October 14, 2020, medical device maker Merit Medical Systems Inc. (MMSI), of South Jordan, Utah, agreed to pay $18 million to settle allegations the company helped submit false claims to the federal Medicare and TRICARE programs and numerous state Medicaid programs by giving kickbacks to physicians and hospitals to induce the purchase and use of MMSI’s durable medical equipment devices and products. NYC attorney Timothy J. McInnis was a member of the legal team that successfully represented the whistleblower in the case, Charles J. (“CJ”) Wolf, M.D., who was the former Chief Compliance Officer of MMSI.

 

According to Dr. Wolf’s complaint and the government’s settlement agreement, for over six years MMSI paid kickbacks to physicians, medical practices, and hospitals. The payments were made indirectly under the guise of free advertising assistance, practice development, practice support, and so-called “educational” grants. All of this was intended to induce the healthcare providers to purchase and use MMSI’s products, including EmboSphere devices, which are used for uterine fibroid embolization procedures, and QuadraSphere devices, which are used for other types of embolization procedures. Among other things, MMSI used local advertising campaigns to steer patients to healthcare providers as a reward for past sales and to increase future purchases of MMSI products. Dr. Wolf and the government further alleged that MMSI disregarded numerous internal warnings, including from Dr. Wolf, that MMSI’s sales practices potentially violated the healthcare Anti-Kickback Statute (AKS).

 

The lawsuit was filed in the federal court in District of New Jersey, where attorney McInnis formerly served as an Assistant U.S. Attorney. The case is captioned United States ex rel. Wolf v. Merit Medical Systems, Inc., No. 2:16-cv-01855-CCC-MF (D.N.J.). Of the $18 million MMSI is paying to settle the case, $15.21 million will be go to the U.S. Treasury, and the remaining $2.79 million will go to the approximately 30 individual states that also joined the lawsuit.

half years and his counsel and perseverance were always spot on. His work was critical to a successful settlement of the case."
Stephen B. Diamond, Esq., August, 2016

"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute."
Don A. Briscoe, September 2016

"Tim McInnis Law represented my case with the up most professionalism. He communicated with me at every turn of the case ensuring I understood the process as well what was to come next. His patience, comprehension of Qui Tam Law and persistence in getting me the highest amount possible out of the case is unmatched. I wouldn't hesitate to recommend his law firm for a minute."
Don A. Briscoe, September 2016

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