Kirk Ogrosky

Combining extensive courtroom expertise, business acumen, and deep regulatory experience, Mr. Ogrosky helps clients achieve exceptional results in challenging high-stakes matters. He has first-chaired federal jury trials in districts across the country, having taken over forty defendants to verdict. Mr. Ogrosky’s experience includes:

• Successfully resolved FCA qui tam cases against national clinical laboratory and private equity investors related to promotional activities, coding, and medical necessity allegations. U.S. ex rel. Mandalapu, et al., v. Alliance Family of Companies, and Ancor Holdings, L.P., et al., Civil Action No. 4:17-cv-00740 (S.D. TX 2017); U.S. ex rel. McKay v. Alliance Family of Companies, LLC, and Ancor Capital Partners, et al., Case No. 4:18-cv-1949 (S.D. TX 2018); U.S. ex rel. Calcanis v. Alliance Family of Companies, Inc., et al., Case No. 4:19-cv-1497 (M.D. FL 2017); U.S. ex rel. Krasnov v. Alliance Family of Companies, LLC, and Ancor Holdings, L.P., et al., Civil Action No. 4:19-cv-4886 (E.D. Pa 2019); U.S. ex rel. Fuller v. Respiratory Sleep Solutions, et al., Civil Action No. 4:17-cv-01197 (S.D. TX 2017); and U.S. ex rel. Gales v. Alliance Family of Companies, LLC, et al., Case No. 4:19-cv-1213 (N.D. TX 2018).*
• First chaired federal jury trial alleging U.S. Senator and prominent surgeon, political fundraiser engaged in public corruption. After ten-week trial, where jury deadlocked 10-2 for acquittal, Court granted the Rule 29 acquittal related to all political and PAC contributions resulting in dismissal of case. U.S. v. Menendez, et al., 291 F. Supp. 3d 606 (D.N.J. 2018).*
• Secured dismissal of FCA qui tam cases against pharmaceutical manufacturers related to promotional activities. U.S. ex rel. Dickson v. Bristol-Myers Squibb Co., et al., 332 F. Supp. 3d 927 (D.N.J. 2017); U.S. ex rel. JKJ Partnership 2011, LLP v. Sanofi Aventis, U.S., LLC, et al., No. 3:11-CV-6476, 2021 WL 5002715 (D.N.J. Oct. 28, 2021).*
• First chaired federal jury trial leading to a verdict of acquittal on all charges after five-week federal trial against prominent surgeon and medical professor involving charges of healthcare fraud, aggravated identity theft, and obstruction of justice. U.S. v. Bajoghli, Case No. 1:14-CR-278 (E.D. VA 2014).*
• Obtained overpayment resolution in FCA qui tam cases against national hospice, home health care, and clinical laboratory related to coding and diagnostic testing. U.S. ex rel. Mahmood v. U.S. Medical Management, LLC, et al., Case No. 2:10-CV-12022 (E.D. Mich. 2010); U.S. ex rel. Hines v. VPA, P.C., et al., Case No. 1:10-CV-941 (S.D. Ohio 2010); U.S. ex rel. Rais v. Pinnacle Homecare, LLC, et al., Case No. 2:12-CV-15518 (E.D. Mich. 2012); U.S. ex rel. Henkels, et al., v. Grace Hospice, LLC, et al., No. 2:14-CV-11944 (E.D. Mich. 2014); and U.S. ex rel. Ghosh v. Heritage Home Hospice, LLC, et al., No. 1:17-cv-396 (W.D. Mich. 2017).*
• First chaired federal jury trial leading to a judgment below plea offer on charges of healthcare fraud and tax evasion. U.S. v. Yi, et al., Case No. 1:17-cr-224-LO (E.D. VA 2017).*
• Achieved dismissal of FCA qui tam case against pharmaceutical manufacturer in case concerning nurse educator and reimbursement services. U.S. ex rel. CIMZNHCA LLC, et al., v. UCB, Inc., et al., Case No. 17-cv-765 (S.D. IL 2017), 970 F.3d 835 (7th Cir. 2020).*
• Resolved FCA qui tam case against multi-state cardiology and vascular surgery practice. U.S. ex rel. Pringle v. Advanced Cardiology Care, Civil Action No. 16-cv-3779 (D. MD 2016).*
• First chaired seven-week federal jury trial against surgeon on charges of Medicare fraud. Surgeon’s sentence was commuted post-appeal. U.S. v. Melgen, Case No. 15-80049-CR (S.D. FL 2015).*
• Settled FCA qui tam case against government contractor operating in middle-eastern ports. U.S., ex rel. Rudolph, et al., v. ISS Holdings LTD., et al., Case No. 10-1109 (D.D.C. 2010).*
• Represented national hospital chain in FCA qui tam suits alleging medically unnecessary admissions and procedures, as well as alleged violations of the AKS and Stark Law. In re Health Management Associates, Inc. Qui Tam Litigation, MDL Nos. 2442 & 2524 (consolidated qui tams into MDL).*
• Secured declination and dismissal of FCA qui tam case against university affiliated retinal practice related to alleged inappropriate billing for Medicare Part B reimbursed drugs related to the ASP. U.S. ex rel. Adams v. VMR Institute, Inc., Case No. 10-407 AG (C.D. CA 2010).*
• Secured declination and dismissal of FCA qui tam case against hospital for alleged violations of AKS and Stark law. U.S. ex rel. Dennis v. University Medical Center, No. 3:09-cv-00484 (M.D. TN 2009).*

*Denotes experience prior to joining Goodwin.