The Clinton Herald, Clinton, Iowa

Clinton

October 17, 2013

Closing statements begin in legal malpractice trial

(Continued)

In a 2009 meeting with a federal prosecutor and Medicare fraud investigator, the city was told to add a second code to claims and informed the feds didn’t see any fraud, Hannafan said. Following the meeting, they applied the second code as instructed.

Further, firefighters believed they were following the ALS assessment rule correctly, Hannafan said, asserting that Walker testified Schultheis’ understanding of the ALS assessment rule was incorrect.

“They had no intention of cheating the federal government,” Hannfan said. “They thought (they were) doing it right.”

If McGovern thought he was defrauding the government, why would he recommend Walker contact Douglas Wolfberg to be used as an expert witness, Hannafan asked.

Moving on to Walker’s interactions with Wolfberg, Hannafan said Walker should have kept track of Wolfberg. According to Wolfberg’s bills, he didn’t start reviewing records until July 12, 2010. The date on which Wolfberg signed a document allowing him to accept records for review also was contrary to Walker’s testimony that Wolfberg mentioned duplicate reports on a March 15, 2010 conference call, Hannafan said.

Walker’s misrepresentation of Wolfberg’s 60 percent advanced life support and 40 percent basic life support ratio as a national standard rather than an off the cuff remark also came under fire during Hannafan’s closing. In a closed session meeting with the city council on April 13, 2010, Walker told the council the city had a real problem based on its 99 percent ALS rate when compared to the 60 percent touted as the national average. Council members during that meeting authorized Walker to offer a $1 million settlement.

At that point, Walker had already contacted Schultheis’ attorney about a settlement, e-mails show.

Hannafan pointed out several times in his closing argument that mistakes are not actionable under the False Claims Act and the claims have to be knowingly or intentionally false. In the 12 days the jury has been hearing testimony, jurors did not see a single claim that was knowingly prepared as false, Hannafan said.

Waterman was expected to deliver his closing arguments this morning, followed by Hannafan’s rebuttal. After closing arguments, it will be up to the jury to decide if Walker and his firm were negligent, if that negligence caused the city damages and if so, how much the city should receive.

Text Only
Clinton
  • Trio of Queens earn honors ELDRIDGE -- Three members of the Clinton High softball team were named to the All-Mississippi Athletic Conference honorable mention squad Monday.Junior Cara Brewer and sophomores Sydney Davis and Jenna Stremlow received the honors.Brewer, a catcher-t

    July 22, 2014

  • Win completes 4-2 road trip for LumberKings LANSING, Mich. – One day after a walk-off home run spoiled an opportunity for a series win, the Clinton LumberKings responded with a 2-1 series-clinching victory over the host Lansing Lugnuts in a Monday Midwest League baseball matinee at Cooley Law

    July 22, 2014

  • Bice Nurses earn Daisy awards

    CLINTON — Two Clinton nurses recently earned Daisy awards.Mercy Medical Center nurses Jodie Atkinson and Kristen Bice earned the awards that is rewarded to extraordinary nurses. Atkinson began her career in nursing at Mercy Medical Center in 1995 on

    July 22, 2014 2 Photos

  • 7-22-14 15 or 17-Airborne tag A rally fit for Kings (with VIDEO)

    ELDRIDGE — It would have been easy for Clinton sophomore Nick Houzenga to be discouraged as he took the mound in the bottom of the first inning of the River Kings’ Class 4A substate semifinal against North Scott.After all, the Lancers had already bui

    July 22, 2014 4 Photos

  • 7-22-14 water 2 Rotary Club donation gets water to Haitians CLINTON — Nine Haitian communities now have the blessing of clean water due to the work of local Iowa Rotary clubs, including Clinton’s, and the charity Water for Life.Water for Life Directors Joy and Leon Miller have been drilling wells for years as

    July 22, 2014 1 Photo

  • 7-22-14 Emily Evans 7 seek pageant crown CLINTON — The time has come for Miss Clinton County Brandy Herrington to pass her crown on to the next lucky contestant and this year the competition is thick.When the event commences on Saturday at the DeWitt Central Performing Arts Center, seven yo

    July 22, 2014 7 Photos

  • Second arbitration filing

    AFSCME union is the second this summer to file for arbitration against Clinton.

    July 21, 2014

  • Fire causes Vitale's closure

    Vitale's restaurant closed this afternoon, according to the business's Facebook page, citing a small fire for the cause of the closing.

    July 21, 2014

  • kyle.jpg Voices lifted for Habitat (with VIDEOS)

    CLINTON — Members of the community came out in droves Sunday afternoon to attend a Concert for a Cause, a first-time event benefiting Habitat of Humanity of Clinton County.More than 70 voices joined together in the Vernon Cook Theater for the CHS Alu

    July 21, 2014 5 Photos

  • GM looks to combat decreasing revenue CLINTON — The new general manager of the Clinton Wild Rose Casino and Resort hopes to utilize programs and giveaways to counteract decreasing revenue.During the Clinton County Development Association meeting last week, General Manager Travis Dvorak r

    July 21, 2014

Clinton Herald Photos


Browse, buy and submit pictures with our photo site.

Facebook