A six-year whistleblower suit against Franklin, Tenn.-based IASIS Healthcare has already been dismissed, but now the attorneys who represented the whistleblower have been found of ethical misconduct.
Attorneys from Phillips & Cohen have been ordered to pay IASIS certain fees and costs incurred from the qui tam suit, which was withdrawn in Nov. 2011.
A judge found the whistleblower, Jerre H. Frazier, stole documents from IASIS that were protected by attorney-client privilege. His attorneys then relied on said documents when drafting the suit, which alleged the healthcare system paid physicians for referrals through various kickback schemes.
Mr. Frazier’s legal representation also failed to notify IASIS or the court about their possession and use of those documents, which they obtained in 2004.
The precise amount of the monetary sanctions Phillips & Cohen attorneys will pay has not yet been finalized.
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