Law Firms Fired in Whistleblower Case Get $6 Million in Fees

Two law firms that were fired toward the conclusion of a whistleblower lawsuit accusing Advanced Biohealing Inc. of a kickback scheme will receive $6,128,500 in fees that the plaintiff disputed, a federal judge in Florida ruled.

Brian Vinca hired Barry A. Cohen PA and Saady & Saxe PA to represent him and another relator in a qui tam suit accusing Advanced Biohealing of causing private physicians to submit false claims to the Medicare program. The case was consolidated with several others and the U.S. intervened for the purposes of settlement, but Vinca dropped the firms before the settlement for $86 million was finalized.

Vinca received $10,725,000 of the total settlement proceeds, and $7,150,000 was retained in the court registry pending resolution of former counsel’s charging liens. Vinca argued that the former firms deserved no compensation in part because Cohen had allowed a disbarred attorney to practice in the case.

A magistrate judge found that, considering the alleged misconduct, Vinca’s decision to fire his attorneys, and the amount of work completed by the former counsel, the total quantum meruit award should be $6,128,500.

Judge Susan C. Bucklew of the U.S. District Court for the Middle District of Florida agreed Tuesday. Bucklew agreed with the magistrate judge, holding that, even if there was an unauthorized practice of law, it didn’t necessarily cause any damage to Vinca.

Former counsel was entitled to $6,128,500, which constitutes 90% of the amount reserved in court registry less damages for intangible harm caused by former counsel, the court said.

Vinca is represented by MacFarlane, Ferguson & McMullen PA.

The case is U.S. v. Advanced Biohealing Inc., M.D. Fla., No. 8:11-cv-00176-SCB-AEP, 4/19/22.