U.S. Judge Dismisses Healthcare Fraud Lawsuit Against Ex-Bermuda Premier

Author  Edited from CMC. Turn to our “Spring Health” feature starting on page 16.

BOSTON,  Massachusetts — A United States judge has dismissed a case against Lahey Clinic that alleged it conspired with former Bermuda Premier Dr. Ewart Brown to defraud the Caribbean island of millions of dollars in healthcare charges.

Brown Dr E“From our perspective, the case is closed, and we do not intend to pursue it any further,” Bermuda’s Attorney-General Kathy Simmons said in a statement last month.

Her announcement followed a decision by Judge Indira Talwani of the U.S. District Court here allowing Lahey’s motion to dismiss. The ruling was “exactly what I had anticipated from the beginning,” Simmons said.

The Progressive Labour Party (PLP) government, which ousted the One Bermuda Alliance (OBA) administration after one term in last July’s general elections in Bermuda, opted to pursue the matter “given the politically charged nature” of the case, Simmons added, saying it had been important for the decision to come from “an independent assessor.”

No final cost for the case had been tallied up to press time, but Simmons said it had run up costs “well over one million U.S. dollars.”


Former Attorney General Trevor Moniz filed the lawsuit against Lahey, a Massachusetts-based teaching hospital, in February last year, when the OBA was in power. The complaint named Brown, who was PLP premier between 2006 and 2010 before retiring from politics, as a “co-conspirator” and claimed he conducted “excessive, medically unnecessary and frankly dangerous scans” at his two private clinics in Bermuda for his own “enrichment” and gave Lahey a cut of the fees he collected from insurers.

It alleged that Brown, 71, a Bermudian who once held U.S. citizenship, and the hospital conspired on a “wildly successful” and “unlawful” enterprise that profited both “at the expense of the Bermudian government and people” — claims that the former PLP leader and Lahey strenuously denied.

Lahey, one of Bermudians’ favorite hospitals in the U.S., filed its motion to have the case dismissed last April, supported the following month by a legal brief drawn up by Brown’s lawyers and signed by David Burt, current premier and finance minister, when he was Opposition leader.