A U.S. District Court judge has decided to uphold a magistrate judge’s recommendation to award counsel fees and costs in the total amount of $401,994.30 following a $1.16 million settlement of a qui tam action brought pursuant to the False Claims Act.
Two relators, Michele Bisbano and Stefanie Paolino, alleged that the defendants, including Dr. Paul S. Koch and his practice, Koch Eye Associates, LLP, engaged in fraudulent business practices that resulted in the submission of false claims to Medicare, Medicaid and other federally funded health care programs.
“Dr. Koch argues that in recommending a fee award for Relators’ counsel’s work on the merits of the litigation, the Magistrate Judge erroneously applied national or regional qui tam litigation rates rather than the prevailing market rate in Rhode Island. Secondly, Dr. Koch objects to the Magistrate Judge’s rejection of the declaration of Attorney Marc DeSisto, provided by Dr. Koch, which set forth the prevailing market rate in Rhode Island,” Judge Mary S. McElroy noted.
“As to the first point of objection, the Court agrees. In determining a reasonable hourly rate, courts typically look to the prevailing market rate in the community within which the court sits. … There are instances, however, where an out-of-town rate is appropriately awarded: ‘when the complexities of a particular case ...
Highlights: U.S. District Court upholds $401,994 attorney fee award Defendants included Dr. Paul S. Koch and Koch Eye Associates A U.S. District Court judge has decided to uphold a magistrate ju...