April 1, 2019 Recent Legal News
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US v Mansourov
Sentenced
Dr. Ramil Mansourov or New Haven, Conn., was sentenced to 7 years in prison for billing for visits that never happened. He fled to Canada but was caught. He was also ordered to repay the money stolen and surrender his DEA license. He already did not renew his medical license.
Louisiana v Funes
To Be Filed
John Paul Funes, the ex CEO of Our Lady of the Lake Hospital Foundation Baton Rouge, Louisiana, has been accused of stealing over $800,000 for his own use. He also has been accused of giving some of that money to a family member of an LSU athlete. That has been reported to the NCAA.
US v Halsell
Settlement
Drs. Jeff Halsell and Mary Johnson, both of northeast Oklahoma, have settled with the feds for their alleged part in an illegal kickback scheme involving pain creams. Halsell agreed to pay $52,000 and Johnson will pay $76,000.
Washington v CHI Franciscan
Settlement
In a case set for trial in several days the Washington hospital system and two Kitsap physician groups reached a settlement with the state. Preliminarily the hospital won the antitrust suit and The Doctors Clinic as well as WestSound Orthopedics will remain in the area.
Wheeling Hospital v Longo
Filed
In a show of poor taste, the hospital has filed a retaliatory federal lawsuit against a whistleblower. Mr. Longo had filed a whistleblower suit against the hospital and the feds have joined in the suit. The hospital claims that the claims against them are false and that Longo breached his fiduciary duty. Long claims that the hospital paid millions of dollars illegally to physicians in the form of increased compensation so they would refer patients to the hospital.
US v Medstar
Settlement
The hospital system agreed to pay $35 million to settle allegations that it paid kickbacks to cardiologists to refer patients and for receiving payments from Medicare for treatments done by a physician which were medically unnecessary.. This whistleblower suit was initiated by cardiac surgeons in a rival group from the one being paid the kickbacks as well as patients of Dr. John Wang who was accused of doing the unnecessary surgical placements of stents.
US v Awwa
Settlement
Dr. Bassam Awwa, a psychiatrist and his practice agreed to pay $3,382,004 to settle allegations that he billed for multiple drug screening tests that he knew should only be billed once.
US v Adebayo
Sentenced
Ademola Adebayo, a Florida pharmacist, was sentenced to 10 years in prison for health care fraud. He was part of the notorious group that scammed TRICARE out of millions by falsifying compounded pain creams not needed. Adebayo received over $1.5 million and purchased luxury items which are now part of the government to be auctioned off.
US v Aachi
Guilty
Dr. Vental Aacji of Saratoga, California, plead guilty of illegally distributing oxy and now faces 20 years in prison.
US v Wheeling Hospital
Joined Suit
The feds have joined a fraud suit against the hospital, R&V Associates and Ronald Violi for violations of the Stark law and Anti-Kickback rules.
US v Duke University
Duke has agreed to pay $112.5 million to settle allegations that it violated the False Claims Act by submitting applicatons and progress reports that contained falsified research for grants.
Oklahoma v Purdue Pharma
Settlement
In the first in the nation settlement the company agreed to pay the state $270 million to settle allegations that its Oxy was marketed illegally.
ACLU v North Carolina
USDC
A federal judge ruled that North Carolina's law banning abortion after the 20th week of pregnancy. The ruling has been stayed to allow appeal to the next level. This will go all the way to the Supremes.
ACLU v Utah
To Be Filed
Utah has just passed a law prohibiting abortions after the 18 weeks. What is certain to happen. See above.
New York v Department of Labor
USDC
A federal judge has struck down the administration policy that would allow cheaper alternatives to Ocare. This would have allowed business to band together to create group plans at less cost. The judge was in DC to get a better forum for the certain appeal.
Gresham v Azar
D DC
The DC judge said the Medicaid work requirements in Arkansas and Kentucky were not valid since the feds did not take into consideration whether the Medicaid waiver would help furnish medical aid to state residents. A prior DC federal judge said the waivers were OK in Stewart v Azar. Top
Patients v Zoll Medical
To Be Filed
The information of almost 300,000 people was exposed when the company did a server migration. This continues the huge amount of data breeches of electronic medical information. This year the number is above 2 million to date.
Graziano v Northwestern
Filed
Ms. Graziano filed a suit against the hospital, her ex boy friend and his current girl friend for HIPAA violations. Wagner, the current girl friend is a hospital employee and is accused of illegally accessing Graziano's medical information and posting information on social media. The hospital has confirmed the illegal access by an employee for 37 minutes. The police say Wagner was fired for the incident.
Martinez v UConn Health Center
Filed
The plaintiff filed a federal suit against the center after it acknowledged that a third party hacked and got the information on about 1500 people. She contends she will be at risk for fraud due to the negligence of the Center in not putting into effect reasonable security measures.
Patients v Navicent Health
To Be Filed
The agency is now telling people of a problem that happened almost a year ago. They knew then but investigated until January when they found the attack contained PMI. Bad policy.
Patients v St. Francis Physician
Services
To Be Filed
The South Carolina facility had a security breach compromising over 32,000 people. Another case of too little too late.
Best v Ciox Heatlth
Filed
The plaintiff and her attorneys?? have filed a class action suit because she claims she was charged too much for medical records. Top
Glen Falls Hospital v Cerner
Settlement
In an unknown settlement between the two entities after a huge loss by the hospital when Cerner's billing system failed.
Katin v 21st Century Oncology
Filed
Four radiation oncologists have filed suit against the large company for antitrust monopoly on certain cancer treatments in Southwest Florida. It accuses the company of keeping out competition by non compete agreements as well as exclusive hospital contracts and financial incentives to doctors for referrals. Top
Hardeman v Bayer
Jury Verdict
A jury has ruled that the company's Roundup was a "substantial factor" in the plaintiff's non-Hodgkin's Lymphoma. He used the product for decades on his home garden. The jury must now, in a separate trial, determine if there are any damages. The jury later said he was allowed several million dollars for compensatory damages and $75 million for punis. He will not see the money due to appeals.
Cloutier-Bristol v Women and
Infants Hospital
Filed
The plaintiff filed suit after learning that the Providence, Massachusetts, hospital had a cryopreseved embryo of hers for 13 years and not telling her. She is suing because she could have had a second child and she has severe emotional distress. The 44 year old had an in vitro fertilization in 2004.
Miller v Vanderbilt University
Filed
The plaintiff filed suit for a "never event". The dumbos put a nephrostomy tube and antegrade stent in the wrong kidney and then apparently damaged that kidney necessitating dialysis. Big money going out here.
Patients v Bayer AG
Settlement
Bayer and J&J have agreed to settle over 25,000 cases of problems with Xarelto for $775 million. This is for uncontrollable and irreversible bleeding leading to severe injuries and even death.
Last Frontier Healthcare v
Superior Court
Ca Ct App
Plaintiff Harper alleged she was injured during surgery at Modoc Medical Center. Almost one year later her attorney? sent the required notice of intent to sue. It was supposed to be filed within six months of the incident. The attorney? then filed a late claim for damages saying lack of knowledge that the hospital was a public entity. The trial court agreed with Harper but the court of appeal said differently as the notice of intent to sue does not toll the statute of limitations. No case.
Rimondi v J&J
Jury
A New Jersey jury said not guilty to J&J in a case to determine if their talcum cased mesothelioma. The jury was out only one half hour. Top
Fabbrocini v University of
Washington
Filed
Dr. Maria Fabrocini, an anesthesiologist at the University filed a class action law suit against the hospital and the Dr. Robert Pearce the former chief of the department for unequal pay, unequal opportunity and gender discrimination. In 2017 the university reported that the department should require more females residents, examine salaries for gender equity and boost mentoring of leaders. She, like most of the part time physicians in the department, are part timers. She says the Pearce was against having part timers in leadership roles depriving them of more pay.
Lindsey v St. Anthony's Health
Filed
The podiatrist was the chief of staff at the hospital and was fired by the organizational vice president for "outbursts" at a meeting. Lindsey says these were from anxiety and depression due to the increased workload. He also says he can not find another positions due to a non-compete clause. He is suing for discriminations and being fired without a proper hearing.
Kaki v Detroit Medical Center
Filed
Two fired cardiologists, Drs. Amir Kaki and Mahir Elder, have filed suit for retaliation. They say they were fired after blowing the whistle on the hospital's cost cutting and physician incompetence led to patient deaths. Top
DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.