Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States ex rel. Jayakar v. Munster Medical Research Foundation, Inc.

United States District Court, N.D. Indiana, Hammond Division

September 6, 2016

UNITED STATES OF AMERICA ex rel. DAVID JAYAKAR, M.D. and BRIAN DECKER, R.N., Plaintiffs,
v.
MUNSTER MEDICAL RESEARCH FOUNDATION, INC., d/b/a THE COMMUNITY HOSPITAL, CARDIOLOGY ASSOCIATES OF NORTHWEST INDIANA, P.C., and ARVIND GANDHI, M.D., Defendants.

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE

         This matter is before the Court on a Third-Party Motion to Reopen Case to Unseal Docket Entries One Through Thirty-One [DE 75], filed by non-parties Raymond Kammer, Gloria Sargent, and Nancy Gianetta on May 10, 2016. Defendants Cardiology Associates of Northwest Indiana, P.C. (CANI) and Arvind Gandhi, M.D. filed a Response on May 24, 2016. Defendant The Community Hospital filed a Response on May 25, 2016. The movants filed a Reply on June 3, 2016. The Court ordered a Response from the Government, which was filed on June 24, 2016. The movants filed a Reply to the Government's Response on June 27, 2016.

         Though styled as a motion to reopen the underlying case, the relief requested does not entail reopening the merits of the case. Rather, the movants ask the Court to unseal documents filed in this case. Consequently, the Court construes the Motion as a Motion to Unseal. Additionally, the movants have withdrawn their request to unseal as to docket entries 7, 8, and 10-27. Thus, the issue left for this Court to resolve is whether docket entries 1-6, 9, and 28-31 should be unsealed.

         In the underlying qui tam litigation, it was alleged that Defendant Gandhi, with the knowledge and assistance of Defendant Munster Medical Research Foundation, subjected many residents of northwest Indiana to unnecessary heart surgeries and procedures. After the Government intervened in the litigation, the case was settled on other grounds, and the cause of action was dismissed without addressing the alleged unnecessary heart surgeries and procedures and their associated billing.

         The movants ask that certain docket entries be unsealed in order for the movants to be able to verify the accuracy of deposition testimony given by Dr. Pastor Llobet and to obtain additional information the defendants had in relation to the allegedly unnecessary heart surgeries and procedures. The movants have filed medical malpractice actions against the defendants named in the instant litigation, regarding those surgeries and procedures. As a part of discovery in the movants' medical malpractice actions, Llobet was deposed. At the deposition, Llobet denied knowledge of wrongdoing by Gandhi and also denied having been a party in the instant litigation. The movants believe Llobet's testimony to be perjured based on testimony from Brian Decker, a relator in the instant cause of action, and a document received in discovery that the movants believe to be one of the initial-and currently sealed-filings in the instant litigation.

         The documents at issue are:

• Docket Entry 1: False Claims Act Complaint
• Docket Entry 2: Memorandum of Investigation and Evidence
• Docket Entry 3: Appendix to Memorandum of Investigation and Evidence
• Docket Entry 4: Appearance by Attorney F. Anthony Paganelli
• Docket Entry 5: Motion to Seal False Claims Act Complaint
• Docket Entry 6: Order granting docket entry 5
• Docket Entry 9: Amended False Claims Act Complaint
• Docket Entry 28: P. Ramon Llobet's Notice of Dismissal
• Docket Entry 29: Relators' Motion for Leave ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.