Sara Brinkmann

• Successfully won a motion to dismiss on behalf of an academic medical school in a False Claims Act case in the Southern District of Texas involving allegations related to NIH research grants.
• Successfully won a motion to dismiss for a hospital system in a False Claims Act case in the Western District of Texas involving allegations related to organ donations.
• Successfully defended a nationwide retail pharmacy in a False Claims Act case in the Southern District of Texas and on appeal in the Fifth Circuit Court of Appeals involving allegations related to the dispensing of certain pharmaceuticals, resulting in a full dismissal of the case prior to discovery and was affirmed on appeal at the Fifth Circuit.
• In addition to these and other public matters, Sara often resolves matters outside the court system through confidential arbitrations, settlement negotiations, and mediations for providers throughout the country. Over the course of her career, she has worked on matters that have collectively generated millions of dollars for her healthcare provider clients in additional revenue from underpayments and avoided recoupment of similar amounts in alleged overpayments.
• Successfully defended a hospital system in a False Claims Act case in the Southern District of Texas involving allegations of Stark Law and Anti-Kickback Statute violations related to physician recruitment and compensation arrangements, resulting in a favorable settlement for the client.
• Successfully defended a hospital system in a False Claims Act case in the Eastern District of Wisconsin involving allegations of Stark Law and Anti-Kickback Statute violations related to physician group compensation, resulting in a favorable settlement for the client.
• Successfully defended an international medical device company in a False Claims Act case in the District of New Jersey involving allegations of coding errors on claim submissions, resulting in a favorable settlement for the client.
• Successfully defended nationwide retail pharmacy in a False Claims Act case in the Central District of Illinois involving allegations related to usual and customary pricing, resulting in the Court’s grant of a Motion for Summary Judgment and dismissal of case.
• Successfully defended several higher education institutions, academic medical centers, and life sciences companies in responding to Civil Investigative Demands and other government investigation, including conducting internal investigations and presenting to the government.
• Represented several provider clients on billing and potential overpayment issues, including conducting internal investigations and preparing and submitting disclosures to the government.
• Advised several clients on legal and compliance issues, including developing, implementing, and providing training to employees.
• Advised hospital systems regarding affiliation agreements and other complex transactions.
• Advised and provided due diligence support to healthcare companies and hospital systems for mergers and acquisitions.
• Advised hospital system regarding data privacy and HIPAA compliance issues in responding to third-party subpoenas.
• Successfully defended a government defense contractor in a False Claims Act case in the Eastern District of Texas involving allegations of kickbacks and failure to comply with certain Federal Acquisition Regulations.
• Successfully defended a pharmaceutical company in several product liability cases in federal and state courts across the country.
• Successfully represented hospitals systems and other healthcare providers in Texas federal and state court cases involving allegations of breach of contract, violations of Texas Deceptive Trade Practices Act and Texas Uniform Fraudulent Transfer Act, and healthcare liability claim cases.
• Successfully represented a hospital system in responding to Medicare RAC audits, securing full reimbursements for hospital system.
• Represented a Louisiana hospital system in federal antitrust case.
• Successfully represented a hospital system in responding to third-party subpoenas successfully securing full reimbursements for hospital systems, including obtaining recovery of attorneys’ fees after prosecuting numerous motions to quash and motions for protection of medical and forensic records in civil, family, and criminal cases.

Sara Brinkmann represents healthcare and life sciences clients in investigations and litigation in federal courts, state courts, arbitrations, and administrative proceedings across the country. Sara has particular expertise in handling matters that arise under the federal False Claims Act and its state law analogues. Sara also focuses on managed care litigation and has successfully recovered millions of dollars for healthcare providers in disputes against health plans.

An experienced litigator, Sara also represents her clients in disputes involving contracts, business torts, antitrust, and products liability issues. Sara's clients include hospitals, academic medical centers, medical groups, retail pharmacies, medical device companies, pharmaceutical companies, and other life sciences companies.  

In addition, to her litigation practice, she regularly advises clients on regulatory and compliance matters, including those that involve the Stark Law, the Anti-Kickback Statute, and other fraud and abuse laws. She also leads internal investigations and provides advice and counsel on resolving issues, including preparing and submitting self-disclosures. She also regularly provides advice and training on policies, compliance programs, and billing matters.  

Through Chambers USA, her clients have said: 

     "Sara Brinkmann is an excellent litigator. She is very knowledgeable, highly organized, and a pleasure to work with."

     “Sara is an excellent writer and skilled at communicating complex ideas in more understandable terms. I think the world of          Sara.”

     "She cares about each of her cases and comes up with creative ideas to problem-solve."

     "Sara Brinkmann is a fantastic lawyer."

     “Sara is responsive and calm under pressure.”

Sara is regularly recognized by publications like Chambers, Best Lawyers in America, and Super Lawyers. She is the past Chair of the Health Law Section of the Houston Bar Association. She is also a frequent speaker and presenter on a variety of healthcare topics.