August 15, 2023 Recent Legal News
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Louisiana v Matthews
Arrested
Dr. Andrew Mathews, a resident at Ochsner Medical Center, was arrested and charged with video voyeurism. It is alleged that he hid a camera in a bathroom. He has been terminated from the program.
Nevada v Mederos
Guilty
Just prior to trial Ricardo Mederos RN plead guilty of lesser charges after assaulting a patient while working as a nurse at Sunrise Hospital and Medical Center in Las Vegas.
Michigan v Gallarzo
Arrested
Leticia Gallarzo of the Grand Rapids area was arrested for posing as a nurse. She has no nursing license but tried to get a job at a hospice. She had prior been caught in Texas for the same thing.
Oregon v Prasad
Indicted
Alvin Prasad, a physician assistant at Oregon Health & Science plead not guilty to charges of sexual abuse. It is alleged that he penetrated a woman's vagina with an object.
New York v Cheng
Arrested
Dr. Zhi Cheng, a gastroenterologist at New York Presbyterian Queens Hospital, was arrested for allegedly drugging patients and raping them. He also filmed the episodes.
US v Padidar
Indicted
Dr. Arash Paadidar of San Jose, California, hs been indicted for impersonating another physician along with conspiring with phony patients to get opiates. He worked for Minimally Invasive Surgical Solutions as a surgeon.
California v Sharma
Indicted
Zaid Sharma, DDS of Sunnyvale, California, is accused of hiding a camera in the bathroom in his office. There were apparently videos taken.
Illinois v Chang
Indicted
Dr. Henry Chang of Peoria, Illinois, has been indicted for hiding a camera in the women's bathroom. Top
US v Martin's Point Health Care
Settlement
The company was accused of submitting false codes to increase monies received. They will pay $22.5 million to settle thos allegations. The whistleblower will get $3.8 million.
US v Advanced health Partners,
Medexcel USA, Medexel of Yonkers, Tri-State Emergency Physicians
Settlement
The physician groups and their handlers will pay $475,000 to settle allegations that they submitted false claims using names of physicians who did not perform or supervise the services.
US v Rubino
Guilty
Vincenzo Rubino of Valencia, California, plead guilty of fraud and identity theft. He owned Santa Maria's Children and Family Center and billed for services never provided. The names used were from an off site diabetes testing location.
US v Kilimnik, Ferman, Ferman,
Kilimnik, Orlov, Future Pharmacy
Settlement
Future Pharmacy of Philadelphia and its owners Arthur Kilimnik, alexander Ferman, Mikhail Ferman, Leonard Kilmnik and Aleksey Ortov agreed to pay $3.5 million to settle allegations that they billed for meds not dispensed. They have also been excluded from billing fed med for five years. The pharmacies have closed.
US v Barnes
Guilty
John Barnes of South Carolina plead guilty to fraud. He purchased a string of pain clinics in Virginia for billing for actions by non providers as if they were providers. His Holding company L5 also plead guilty and agreed to pay $4million in restitution and a $250,000 fine.
US v Thyroid Specialty Laboratory
Settlement
The St. Louis lab agreed to pay $1.9 million and relinquish an additional $7 million held in escrow to settle allegations of fraud. They are accused of telling providers their testing panels were reasonable and medically necessary tests. The tests were actually not and were billed as if they were.
US v Hall
Convicted
A federal jury convicted Richard Hall of Fort Worth, Texas, of fraud. He was found to have paid kickbacks for sending prescriptions to his compounding pharmacies.
US v BestCare Laboratory Services,
Maghareh
Settlement
The Texas lab and its owner Karim Maghareh have agreed to pay an additional $5.7 million for billing for erroneous travel vouchers of lab personnel which were not traveled. They previously almost $800,000. There may be more depending on Maghareh's income. The laboratory is now defunct. The whistleblower will get $1.3 million.
US v Elfenbein
Convicted
Dr. Ron Elfenbein of Arnold, Maryland, was convicted by a jury of health fraud. He was the owner and medical director of urgent care centers. During Covid he billed for the tests performed plus high level EM codes. the patients were there only for testing.
US v Aspirar Medical Lab, Chay
Settlement
The Cary, North Carolina lab and its owner Pick Chay have agreed to pay almost $2 million to settle allegations that they billed for urine drug tests that were medically unnecessary,.
US v Optimus Healthcare
The Bridgeport, Connecticut, federally qualified health center paid just under $500,000 to settle allegation that they billed for dual eligible falsely. This was a qui tam case. Top
Singleton, Khatibi v Medical Board
of California
Filed
Two physicians have filed against the California Medical Board to stop their requirement for physicians to stud the role fo implicit bias in health inequities as a requirement for CME. The suit was filed in federal court. They claim that there is no proven implicit bias in healthcare and that to require that study violates their right of free speech and equal protection.
Planned Parenthood v Idaho
D Idaho
A federal judge blocked the implementation of an Idaho law that would allow prosecuting physician who refer patient out of state for abortions. The judge said this was against the First Amendment.
Physicians v Washington Medical
Commission
Filed
Four physicians have filed suit against the Commission for potential disciplinary action upon them. They are accused of doing false and misleading treatments and statements. The suit is for the procedural gaffes by the Commission.
Patients v Hyatt
Filed
Dr. Brian Hyatt of Arkansas' Behavioral Health Unit at Northwest Health now has 31 suits against him and a federal investigation. The suits claim they were held against their will at the behavioral health hospital in order to get more money for more time in the hospital.
Texas Medical Association v HHS
DC
The HHS has lost another suit, the third, over the No Surprises Act. This one strikes the fee for filing for arbitration. There was notice and comment done prior to a raise on the fees from $50 to $350. One by one the rule is being gutted.
Family of Henrietta Lacks v Thermo
fisher Scientific
Settlement
The family of Ms. Lacks who died many years ago but had her cells used without her permission or compensation filed another suit against another biotech firm for using the cells without compensation. The amount of the settlement was not disclosed.
Family of Henrietta Lacks v
Ultragenyx
Filed
A second in a long line of law suits has been filed by this family and lawyer. They indend to file against every company who has used the ells of Ms. Lacks and has not paid royalties for that use.
US Bankruptcy Court v Sackler
United States Supreme Court
The high court unanimously agreed to stay the order of the 2nd Circuit that allowed a blanket shield on law suits to remain in an agreement. They have agreed to hear the suit en banc in the future and no settlement until then. Top
Patients v Johns Hopkins
To Be Filed
To date over 300,000 patients have had their PMI compromised at the hospital. The hack involved "unsecured protected health information". Top
Wilson v Detroit Medical Center,
Tenet
Filed
The family of Patrice Wilson, a nurse who was kidnapped from outside the Detroit Medical Center and later murdered, has filed suit against the hospitals and its owner. They allege that they failed to follow active shooter protocol, and delayed contacting the police. The abduction was seen and the hospital security notified late because a security person was not at his station.
Patient v Main Line Fertility,
Bloom
Filed
A patient went to Main Line for a check on her fallopian tubes and had trichloracetic acid instead of saline inserted. She received burns on her uterus, and back of the legs.
Talvera v Grow LLC
Decision
A 39 year old woman ODed on kratom and died. This has not been FDA approved for sale in the US but it is sold onliune as loose powder. She ws taking it for pain management even though there is no studies showing it is useful for that. The family won $11 million.
Patient v Novo Nordisk, Eli Lilly
Filed
Two attorneys looking for publicity have filed a suit against the makers of the diabetic meds for failure to warn. In fact the medicine's mode of action is the very thing they are suing about, slowing of the transit of food from the stomach. All GLP-1 agonists work like this. Everyone taking these drugs has gastroparesesis however a handful get complete stoppage of food movement on a permanent basis. This patient is not one of those.
Ross v Southern Regional Medical
Center, St. Julian
Filed
It is alleged that after 10 hours of labor tried to pull the baby out with forceps and the bones in the skull and neck were broken. It is further alleged that they told the parents that they performed a C-section and found the head decapitated, encouraged cremation and telling them they do not have the right to a free autopsy. Top
Murphy v University of California
Regents
Decision
After Dr. Kevin Murphy, an Oncologist, was sued by the university for fraud and breach of duty, he countersued for retaliation and wrongful termination. This stems from a gift to the university from an patient of Murphy of $10 million. The university wanted it to go to the general fund and Murphy wanted it to go to his research. He eventually won that but then the university harassed him about his clinical trials. The jury awarded the university $67,000 for money he earned off campus. they awarded Murphy $9.5 million for compensatory damages and $30 million for non-economic damages.
White v MidState Medical Center
Filed
David White, a CNA working at the hospital was injured when a surgical machine allegedly exploded and injured him. He is seeking $15,000 and back pay. He also states he is no longer able to work. The hospital is putting this off to a third person placing it commerce.
Manazer v Adena Regional Medical
Center
Filed
Dr. James Mazaner, the former chief of surgery at the hospital, is suing the hospital for defamation. He is alleging that he was fired for providing false an misleading information about the institution on social media and to a local news station. This stems from a cardiac surgeon doing TAVR procedures without proper credentialing. The hospital says they were properly credentialed and so fired Manazer. Manazer has denied being the whistleblower to the social medical and the press.
Laftavi v State University of New
York (SUNY)
WD NY
Dr.Mark Laftavi is a renowned transplant surgeon who was hired by SUNY Upstate. After the prior heal of the transplant program at SUNY Upstate left Laftavi was offered that position and accepted. He submitted his resignation to Update who then threatened him and then offered him a bunch of incentives to stay which he did. The doctor who went downstate had his privileges revoked and at his request asked Laftavi to provide a written statement regarding if he reached the standard of care. Laftavi did but Upstate got pissed at that and immediately terminated him. He sued and SUNY did a motion to dismiss. The court said Laftavi's letter was protected speech and the case could go to trial. 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.