Whistleblower TV Lawyer Episode List
Episode 1: Kool Smiles and Bristol – Myers Squibb
Episode 2:
Episode 1: Kool Smiles and Bristol-Myers Squibb
Whistleblowers are the unsung heroes of the legal world. They put their careers, reputations and personal lives on the line to stand up for what’s right. Oftentimes, their legal battles go on for years as corporate defendants do everything in their power to intimidate and shift blame. Even if the case reaches a settlement or verdict and the whistleblower is rewarded with a multimillion-dollar payout, they rarely get any public praise.
A new TV show may change that, however. “Whistleblower,” an eight-episode docu-series, premiered on CBS this summer. Each episode highlights men and women who have successfully filed False Claims Act lawsuits against corporations that have lied, cheated and stolen from taxpayers. By appearing on the show, these whistleblowers have yet again raised their voices to bring attention to this pervasive issue.
In the first episode, we’re introduced to Dr. Michael Greenwald and Dr. Rai, two dentists who saw widespread fraud at pediatric dentistry franchise Kool Smiles. We also meet Mychal Wilson, a former pharmaceutical sales rep who accused Bristol-Myers Squibb of paying kickbacks to California doctors.
Employees Say They Witnessed Medicaid Fraud, Unethical Practices at Kool Smiles
Dr. Greenwald, a dentist with a successful practice in Connecticut, said he joined Kool Smiles because he wanted to do good. The chain specializes in treating children on Medicaid who may not otherwise have access to dental care. Dr. Rai, a young dentist in Texas, was enticed by the promise of a $180,000 salary and the ability to jump start her career without significant experience in the field.
Both whistleblowers quickly realized, however, that their expectations didn’t align with reality. Corporate encouraged dentists to follow aggressive treatment plans, like multiple root canals on baby teeth and fillings throughout a child’s entire mouth. Higher ups justified it by saying that Medicaid patients are slow to seek treatment and dentists were doing patients a favor by taking proactive measures. But Dr. Greenwald said it was all a money grab. Kool Smiles could easily get a $500 Medicaid reimbursement for each child treated in this manner.
Kool Smiles dentists were required to meet high quotas and were given report cards grading them on the number of patients they saw. This was also how their compensation was determined. Dr. Greenwald said it wasn’t unusual for “high achievers” to earn $5,000 or even $10,000 bonuses.
If dentists questioned these practices, they were harassed or fired. Dr. Rai wanted to quit, but it was nearly impossible for her to get out of her employment contract. Employees who quit without proper notice were subjected to a $500 a day penalty and were at risk of being sued by the company.
Whistleblower Dentists Secure $24M Settlement
For Dr. Rai, things finally came to a head when she was fired for refusing to give a cleaning to a child who could barely open his mouth due to stitches from a dog bite. This triggered her decision to file a lawsuit in Texas.
Meanwhile, Dr. Greenwald, who was sick of treating patients like “chicken nuggets getting produced on a conveyor belt,” as he put it, began secretly looking up and saving damning information from Kool Smiles offices across the country. When he decided to file his own lawsuit, he had reams of evidence to add to his case.
Dr. Rai and Dr. Greenwald’s cases were taken over by the Department of Justice and consolidated with suits filed by six other whistleblowers. Typically, the government only takes on the strongest False Claims Act lawsuits. It’s likely that the deciding factors for the Justice Department were Dr. Greenwald’s evidence and the fact that multiple complaints were filed.
It took almost a decade for the case to reach a conclusion. Thankfully, it was a positive one. Although Kool Smiles did not admit any wrongdoing, the company reached a $24 million settlement with the Department of Justice. The two heroes of the episode, Dr. Greenwald and Dr. Rai, split a $4 million reward with the six other qui tam plaintiffs who joined them.
Although not mentioned in the show, the investigation and ultimate settlement also triggered the resignation of Dale G. Mayfield from the Georgia Board of Dentistry. Mayfield happens to be the Chief Dental Officer of Kool Smiles. Amazingly, he was appointed to the Board of Dentistry in the midst of the lawsuit and investigation.
Bristol-Myers Squibb Paid Doctors for Buying Drugs, Says Sales Rep
The second segment of the episode focused on Mychal Wilson, a former pharmaceutical sales rep for Bristol-Myers Squibb. At first, the position seemed to be a great way for Wilson to support himself while trying to break into Hollywood as an actor. However, after a few months on the job he grew concerned about the things management was asking him to do.
Wilson was expected to spend tens of thousands of dollars on gifts for doctors in exchange for their purchasing Bristol-Myers Squibb drugs. He routinely treated “high prescribers” to golf outings, concert tickets, massages, extravagant dinners, Lakers games and even cash payments. Many of these doctors worked at Cedars-Sinai, which is regarded as one of the top hospitals in the country.
Through his position, Wilson had virtually unrestricted access to medical offices. Shockingly, some offices allowed him to view patient charts so he could flag patients who might have benefitted from Bristol-Myers Squibb drugs. BMS encouraged this practice, even when Wilson knew the drugs he was recommending were unnecessary or a competitor’s medication would be more helpful.
Kickback Lawsuit Ends with $515M Settlement
Thanks to an employee benefit program, Wilson entered law school, which he attended in his time off work. Ironically, this program wasn’t so beneficial for Bristol-Myers Squibb in the long run. With his growing knowledge of the law, Wilson began to suspect that his employer was violating the federal Anti-Kickback Statute. He started copying and saving every document he could get his hands on until he was fired for a minor paperwork issue in September 2004. Before then, he managed to fill his apartment and a storage unit with 40,000 pages.
Two years after being fired, Wilson built up the courage to file a federal lawsuit against Bristol-Myers Squibb alleging fraud and anti-kickback violations. He also filed a second lawsuit under California whistleblower law. Although Wilson knew he was doing the right thing, he said he became so paranoid he began checking under the hood of his car every time he drove.
Surprisingly, the federal lawsuit settled in just a year for $515 million, a portion of which was given to Wilson. The California lawsuit, on the other hand, wasn’t resolved for nine years. That case finally settled for $30 million, with half going to the state of California and the rest to Wilson and other whistleblowers who had joined the case.
My Takeaways
The settlements featured in this episode are significant, and they earned a good amount of media attention. I was familiar with both cases before the episode, but it was interesting to hear directly from the plaintiffs who pushed these cases forward.
It’s clear from the lawsuits highlighted that evidence can make or break a whistleblower lawsuit. In the Kool Smiles case, I’m sure it was helpful that several employees in offices throughout the country corroborated each other’s stories. When it comes to winning a fraud lawsuit, it’s always better when there are multiple witnesses. However, there is no denying the evidence that Dr. Greenwald saved. That was likely the nail in the $24 million coffin. People’s memories can fail them, but documents never forget.
If you suspect fraud or any other illegal behavior in your workplace, start preserving evidence ASAP. Even if you don’t plan on reporting now, having documentation can give you peace of mind and a stronger case if you do decide to come forward. Remember that employers typically have the right to search your workspace and other company property, like work computers and company cars. It may even be legal for employers to search your purse, briefcase or personal cell phone if they believe you’re storing company information in it. If you’re concerned about being caught with evidence, take a note from Wilson and store hard copies of documents in a neutral place, like a storage unit.
The whistleblowers in these cases chose to file reports with the help of lawyers. Although it is possible to alert the federal government to fraud without legal assistance, having an experienced whistleblower attorney to help you significantly increases your chances of a positive outcome, like the ones included in this episode.
If you’re ready to become a whistleblower, you can start by reporting online. Like Dr. Greenwald, Dr. Rai and Mychal Wilson, you could earn a multimillion-dollar reward.
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