August 15, 2022  Recent Legal News

Criminal

Fraud

Healthcare

HIPAA

Malpractice

Peer Review and Employment

Criminal

California v Linton
Indicted

A Texas traveling nurse was allegedly upset over breakups and got high.  She ran her Mercedes through a red light and hit cars killing six in Los Angeles.  Nicole Linton is now been indicted for six murders.

California v Segoviano
Indicted

Elias Segoviano has been charged with the unauthorized practice of medicine.  He allegedly did multiplecosmetic procedures on targeted Spanish speaking women.

California v Yu
Indicted

Dr. Yue Yu , a dermatologist in Mission Viejo, was accused of trying to kill her husband by spiking his drink with Drano.  She was filmed pouring the liquid into a cup he says he drank out of.  She claims she was only using the Drano for declogging drains.  The two are divorced and involved in a custody battle.

US v Merlino
Convicted

A federal jury convicted Dr. William Merlino of Mays Landing, New Jersey, of selling a toxic substance which he made as a weight loss drug.  He sold the stuff on eBay.        Top

Fraud

US v Beaufils
Sentenced

Sherley Beaufils, a NP in Conyers, Georgia, was sentenced to 87 months in prison and ordered to pay $1.6 million after being convicted of health care fraud.  She ordered DME supplies for patients she had never seen nor examined.

Borrego Community Health Foundation v 39 Borrego Health Individuals
Filed

  Two years after the feds raided Borrego Health offices the foundation is filing suit against its prior leaders for supposedly stealing money and falsifying records.  The suit also alleges that many dentists vastly over billed for their services and lists them as defendants as well as the prior execs.

New York v Toobian
Indicted

Dr. Payam Toobian of Kings Point, New York, was indicted along with his company America's Imaging Center for kickbacks and patient harm.  He is accused of paying physicians for patient referrals and subjected them to tests and procedures they did not need.  He then billed Medicaid for those unneeded tests.  

US v North County Neurology PC
Settlement

The Watertown, New York, medical practice agreed to pay the feds $850,000 and admitted they billed for physician services when no physician was in the office.  They also billed for Botox even though it had already been paid for by other insurers.        Top

Healthcare

Members v Blue Cross Blue Shield
Settlement

The suit was filed in in 2012 to stop BCBS from conspiring to divide markets which led to increased prices for consumers.  The settlement was for $2.76 billion and an agreement to strike down a ule that somewhat limited competing for large contracts.  What was not achieved was the original problem.  The BCBS companies can still receive exclusive geographic branding rights.

FTC v Benefytt Technologies
Ordered

The agency has ordered the Tampa insurer to repay consumers $100 million.  The FTC alleges that Benefytt lied about their plans and used deceptive websites to lure consumers.  Benefytt has agreed to pay but admits no wrongdoing.  

DOJ v Idaho
Filed

Justice claims that the new state law regarding abortion is illegal as it conflicts with federal EMTALA law.  Justice state the Idaho law makes criminal for physicians to provide emergency care abortions.  They can defend by showing evidence that the abortion was done to save a regnant person from death or if they were a victim of incest or rape.  However that is very hard to do in the state.   

Blue Cross Blue Shield of Mississippi v Woodward, Jones, Rolph
Filed

A contract dispute between BCBS and the University of Mississippi Medical Center led to a defamation suit against the three hospital executives.  They are being sued for the use of of "words designed to disseminate false and defamatory statement about BCBS to the public".  BCBS contends that they did not force exclude nor drop the Center but that the center voluntarily resigned from the contract.  they are suing the individuals since state law provides the hospital with immunity for defamation by its employees.

Liberty Counsel v NorthShore University HealthSystem
Settlement

The System agreed to pay $10.3 million to employees who were let go because of the hospital's blanket policy stating no religious exemptions for taking Covid shots.  The hospital also must allow those with no Covid shots return to work and employees are to be looked at individually regarding religious exemptions.  Those employees who quit or were fired due to the police will  get about $25,000 each.  Those who took the shots under duress will get about $3000 each.        Top

HIPAA

Patients v Salinas Valley Memorial healthcare System
Settlement

The hospital will pay $340,000 to settle a class action suit stating its security system did not protect patients from a data breech.  

Swanson v Kesani
Filed

Swanson is suing Kesani of Fort Worth, Texas, for malpractice for allegedly misplacing screws during a back surgery causing injury.  The interesting thing is she and the local newspaper are comparing him to the infamous Dr. Death Christopher Duntsch.  The hit job was too much for Dr. Kesani and in spite of legal advice to the contrary he is hitting back in the press against his accuser.          Top

Peer Review and Employment

Palazini, Tucker v AventHealthTimberlake Hospital
Filed

Two nurses were scared shitless by what appeared to be a real life active shooter training session.  They were not told about this being a fake until 10 minutes into the drill.  They are now suing for $300,000 each.  

Young v Huntington Memorial Hospital
Settlement

Robert Young, RN was fired from the hospital after he took time off for several chronic illnesses.  The hospital then said he did not have the required bachelor's degree and fired him for that even though they knew about it when he was hired.  No terms of the settlement were revealed but I doubt if the hospital did not pay.

DOL v Cerner Corp.
Settlement

The Dept. of Labor went after Cerner for discrimination in hiring.  Cerner will pay $1,860,000 in back pay and interest to 1870 applicants who sought employment .        Top

Archive

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.