United States of America et al v. Massachusetts General Hospital et alMOTION TO DISMISS FOR FAILURE TO STATE A CLAIMD. Mass.April 18, 2014UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS __________________________________________ ) UNITED STATES OF AMERICA, ex rel. ) CHARLES PARADISE, ) ) Plaintiff, ) ) v. ) Civil No. 1:13-cv-11070-DJC ) MASSACHUSETTS GENERAL HOSPITAL, ) MASSACHUSETTS GENERAL PHYSICIANS ) ORGANIZATION, INC., and ) MGH OPTIMUM CARE COMMITTEE, ) ) Defendants. ) __________________________________________) DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT This is a qui tam action under the False Claims Act, 31 U.S.C. § 3729. The case involves Massachusetts General Hospital’s treatment of a 91-year-old pneumonia patient, Ruth Paradise, in April 2007. Her son, Charles Paradise, has filed suit against the Hospital, the Massachusetts General Hospital Physicians Organization, and the MGH Optimum Care Committee.1 Mr. Paradise asserts that the defendants billed the Government for “worthless” care which they provided to his mother and other patients.2 In addition to his claim under the False Claims Act, Mr. Paradise alleges fraud and unjust enrichment. Under Fed. R. Civ. P. 9(b), 12(b)(1), and 12(b)(6), the defendants move to dismiss. First, the Court lacks subject matter jurisdiction over the First Amended Complaint, because 1 The Committee is misnamed as a defendant because it is not incorporated as a legal entity. (See First Am. Compl. ¶ 14.) 2 At various points, Mr. Paradise hurls epithets at the defendants to describe their care of elderly patients over two decades. (See, e.g., First Am. Compl. ¶¶ 1, 15, 17, 60, 81, 83, 87, 94.) Mr. Paradise does not purport to have any knowledge or basis for these spurious and irrelevant allegations, and the Court should ignore them. Case 1:13-cv-11070-DJC Document 24 Filed 04/18/14 Page 1 of 2 2 Mr. Paradise violated the filing and sealing requirements of the False Claims Act as to the new allegations. Second, the First Amended Complaint fails to allege with particularity that the defendants submitted any false claim to the Government. Third, Mr. Paradise cannot enforce an alleged violation of the Patient Self-Determination Act by pursuing a claim under the False Claims Act. Fourth, Mr. Paradise lacks standing to pursue fraud and unjust enrichment claims on behalf of the Government. MASSACHUSETTS GENERAL HOSPITAL, MASSACHUSETTS GENERAL HOSPITAL PHYSICIANS ORGANIZATION, INC., and MGH OPTIMUM CARE COMMITTEE, By their attorneys, /s/ Alan D. Rose Alan D. Rose (BBO #427280) Brian D. Lipkin (BBO #673850) Rose, Chinitz & Rose One Beacon Street, 23rd Floor Boston, Massachusetts 02108 (617) 536-0040 Fax: (617) 536-4400 adr@rose-law.net bdl@rose-law.net Dated: April 18, 2014 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(a)(2) On April 18, 2014, I conferred with John R. Getsinger regarding this motion. /s/ Alan D. Rose CERTIFICATE OF SERVICE On April 18, 2014, I e-filed this motion and memorandum through the ECF system. /s/ Brian D. Lipkin Case 1:13-cv-11070-DJC Document 24 Filed 04/18/14 Page 2 of 2
