The Clinton Herald, Clinton, Iowa


October 18, 2013

City: Rules akin to 'Jaberwocky'

DAVENPORT — Medicare regulations are akin to Lewis Carroll’s nonsense poem “Jaberwocky,” an attorney representing the city of Clinton in its legal malpractice suit told jurors Thursday.

As Mike Hannafan gave his rebuttal closing argument Thursday, he brandished a copy of Carroll’s “Through the Looking Glass, and What Alice Found There” in an effort to convey the complexities and idiosyncrasies of Medicare regulations at the center of the city’s legal malpractice case and its underlying Medicare fraud case.

The trial in the city’s legal malpractice case against attorney Michael Walker and his law firm Hopkins and Hubener ended Thursday with Walker’s attorney Bob Waterman delivering his closing argument and Hannafan giving his rebuttal.

Walker is accused of failing to properly analyze a 2009 Federal False Claims act case against the city that was filed by former Clinton firefighter Timothy Schultheis. Schultheis claimed the city knowingly submitted false ambulance claims to Medicare and Medicaid in order to obtain higher reimbursements. His case was filed under seal in Sept. 2008 and unsealed a year later after the federal government declined to intervene.

As a result of Walker’s negligence, the city alleges it rushed into a $4.5 million settlement with Schultheis and the U.S. Department of Justice.

Hannafan refuted the accusation the city knew the claims it was submitted were false, reminding the jury of the various manuals and materials EMS Director Andrew McGovern used to determine how to code ambulance reports as advanced life support or basic life support as well as the spot checks and audits McGovern and the department’s medical director performed. During trial the city and the defense argued the county did not have a dispatch protocol in place for the city to apply the ALS assessment rule as it did. Hannafan said McGovern felt the county had a dispatch protocol during the period under scrutiny in the Schultheis case.

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  • Fire alarm evacuation at Eagle Heights

    Students of Eagle Heights Elementary School were evacuated Thursday afternoon after staff smelled something being emitted in the first-grade hallway and main office areas.

    According to a press release from the Clinton Community School District, staff noticed the smell at approximately 1:10 p.m. It was then determined the fire department should be notified, and the fire alarm was pulled. The building was evacuated quickly and the Clinton Fire Department responded immediately.

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  • JUST IN: McColley found not guilty of sex abuse

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    McColley was accused of abusing a 3-year-old girl on July 29, 2013. If convicted of the class B felony, he could have faced as much as 25 years in prison.

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  • 4-17-14 Trees forever photo 2 Let it grow (with Video)

    CLINTON - A new generation of trees will be planted by a young generation of Irish. Wednesday during class, Lisa Golden's Prince of Peace Prep third-graders continued their year-long biology education with the help of Clinton's Trees Forever organiza

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    April 17, 2014

  • CCDA will match funds to secure van

    CLINTON -- One local non-profit organization soon will benefit from a donation from the Clinton County Development Association but it's not their typical form of grant giving. During a meeting Wednesday, CCDA members discussed the possibility of matc

    April 17, 2014

  • Jury deliberating in sex abuse case CLINTON -- Jurors were set to return to court this morning to continue deliberating on the trial of a man accused of sexually abusing a 3-year-old girl. The jury deliberated for more than two hours on the Russell McColley case Wednesday afternoon, be

    April 17, 2014

  • 4-19-14 FBLA photo CHS Future Business Leaders of America attend conference Thirty members of the Clinton High School Future Business Leaders of America attended their spring leadership conference at the Marriott Coralville from March 26-29. Students attending the conference competed against other Iowa students in state and

    April 17, 2014 1 Photo

  • 4-16-14 1B-Photo, Robinson Kings' Robinson trying to keep up with himself CLINTON -- Deshond Robinson knew he was fast, but he didn't know how fast he had become since winning the open 400-meter dash at the Iowa high school state meet last spring. Earlier in his high school career, Robinson was pretty reluctant about comp

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