Texas Surgery Practice Resolves False Medicare Bills Lawsuit

Texas surgery practice Peripheral Vascular Associates PA reached a settlement in a False Claims Act suit alleging it billed Medicare for vascular ultrasound services it didn’t perform.

Peripheral Vascular and whistleblowers Tiffany Montcrieff, Roberta A. Martinez, and Alicia Burnett filed Monday a stipulation of dismissal of all claims with the US District Court for the Western District of Texas. Terms of the settlement weren’t made available. Counsel for the parties didn’t immediately respond to a request for comment.

• The district court had entered a nearly $29 million judgment against Peripheral Vascular before the US Court of Appeals for the Fifth Circuit reversed and reopened the case in March 2025
• The Fifth Circuit said the lower court had erred by calculating damages based on a post-trial expert instead of granting a new trial, and by finding Peripheral Vascular had acted with intent to defraud
• The parties March 8 told the district court they were “close” to settling the case

Norton Rose Fulbright US LLP, Spencer Fane LLP, and Prichard Oliver Montpas LLP represented Peripheral. Cotchett, Pitre & McCarthy LLP and Brylak & Associates LLC represent the whistleblowers.

The case is United States ex rel. Montcrieff v. Peripheral Vascular Assocs. P.A., W.D. Tex., No. 17-cv-317, stipulation of dismissal 4/6/26.