Chicago, Illinois 60601
United States
Heather O'Shea handles civil litigation and regulatory and compliance matters involving the health care industry. She has represented health care providers, pharmaceutical and device manufacturers, and other health care entities in matters involving fraud and abuse enforcement, including the False Claims Act, the Anti-Kickback Statute, Stark Law, and Medicare and Medicaid reimbursement. Heather represents clients throughout the health care industry on regulatory and compliance matters involving Medicare and Medicaid, fraud and abuse laws, reimbursement regulations, the Sunshine Act, clinical research compliance, and FDA regulations. She has significant experience conducting internal investigations, representing clients in voluntary disclosures, and counseling clients on refunds to Medicare. Heather also has extensive experience advising clients on compliance program development, implementation, and conducting assessments of existing compliance programs.
Heather's representations include defending a national diagnostic services provider in multiple state Attorney General false claims act cases, conducting an internal investigation and advising a pharmaceutical manufacturer on matters related to a co-development arrangement, representing a community medical center in an OIG "unilateral monitoring" review, and advising multiple manufacturers on compliance with the Anti-Kickback Statute, sales, and marketing practices and with the Sunshine Act. She also represented The Christ Hospital in a novel False Claims Act case brought by the Department of Justice, in which the government alleged that the manner the hospital staffed its reading panel for noninterventional cardiology tests violated the Anti-Kickback Statute. She also has represented multiple hospitals in FCA cases brought by the DOJ where the allegations focused on medical necessity.
Heather is a vice chair for the American Health Lawyers Association Fraud and Abuse Practice Group. She is also a member of the American Bar Association and the Illinois Association of Healthcare Attorneys.
Areas of Practice | 1) Healthcare, 2) Corporate Compliance Programs, 3) Health Care Regulatory & Compliance Counseling, 4) Health Care Litigation & Government Investigations Defense and 5) False Claims Act & Qui Tam Defense |
Law School | Loyola University New Orleans College of Law |
Admitted Year | 1995 |
Education | Texas Christian University (B.S., 1992) |
Bar Member / Association | Illinois, Texas, District of Columbia, and U.S. District Court for the Northern District of Illinois |
Most recent firm | Jones Day |
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Ms. Fitzgerald represents employers in a wide range of industries, including the entertainment, financial services, hospitality, manufacturing, retail, and transportation industries.