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After she left employment with the the orthopaedic practice, Kopko filed a complaint – in 2013– with the U.S. District Court of the Northern District of Georgia. Kopko’s complaint was a qui tam action, which allows a citizen to file a complaint and receive a portion of the settlement in a case. Court papers show $1,453,927 of the settlement money is restitution paid to the federal government for charges made connected with the use of medication of Canadian origin. Kopko is to receive $256,000 from the settlement. Southern Bone & Joint issued a statement that the practice agreed to settle in light of continued costs associated with the federal inquiry: “The government has unlimited resources at their discretion while small corporations have limited resources. Unfortunately, a settlement was a necessity considering the cost of time and money to continue this litigation process of defending our position of innocence.” The statement also noted the investigation “did not involve any patient or quality care concerns.” “George Bone & Joint would like to, at this point, put this behind us and continue providing the best orthopedic care to this community as they have for the past 30-plus years,” Patty Attaway, practice manager, said Tuesday. The federal inquiry centered on allegations that LaGuardia and his company provided a free medical director to Summit Surgery Center in order to induce it to choose to perform more procedures at the surgery center rather than in the GBJ office and that GBJ and LaGuardia caused the submission of false claims to Medicare for prescription drugs purchased outside of the United States and, therefore, not approved by the U.S. Food and Drug Administration.

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