Doctor and nurse win over $110 million in whistleblower case

Atlanta physicians Alon Vainer and Nurse Daniel Barbir of Cummings Georgia have been awarded over $110 million in for their role in a whistleblower case against DaVita Healthcare Partners, the nation’s largest kidney dialysis services. They presented evidence to the Government that DaVita created a scheme to get more federal reimbursements by wasting drugs. DaVita has agreed to pay Uncle Same over $450 million to settle the case brought against it under the False Claims Act. Under this law, private citizens can take cases on behalf of the United States where there is evidence of fraud on the Government.

The company intentionally ordered staff to use oversized vials of a vitamin D supplement Zemplar and the iron drug Venofer, then threw away the excess, the suit alleged, That purposeful waste, the two claimed, cost taxpayers hundreds of millions of dollars. The whistleblowers were represented by Lin Wood.


The federal False Claims Act grants those who bring successful suits 15 to 25 percent of any settlement amount. It also provides an award for attorney fees.