February 1, 2019 Recent Legal News
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Arizona v Sutherland
Filed
Nathan Sutherland, a nurse at Hacienda Healthcare, an unlicensed facility in Arizona was indicted for raping an incapacitated woman at the facility. No one knew until she gave birth. The woman had been incapacitated since age three due to seizures. Since the birth the CEO has resigned as has one physician and one physician has been suspended.
Massachusetts v Begos
Indicted
Dr. Dennis Begos, a surgeon at Winchester Hospital, has been arrested for suspicion of placing a camera inside a staff restroom. A nurse noticed an odd looking clothes hook and found a camera. On the camera were pictures of Begos and his wife on a beach. The device had no images from the restroom. Top
US v Bozeman Health Deaconess
Hospital
Settlement
The hospital has paid $10 million to settle allegations that it illegally had an monopoly on radiology services in the area via a kickback scheme. Two Bozeman radiologists will share 28% for their reporting of the fraud and the hospital must pay $2.8 million to the legal firm representing the two radiologists. The accusation is that the hospital bribed two radiologists not to open a competing outpatient office and to open a joint venture with the hospital instead. The hospital in their greed was paid for referral to the outpatients to the joint center which it owned 77%. This is the third suit filed by the two radiologists. the first one led to over $800,000 to each for wrongful termination. the second is still pending. The hospital denies all.
US v Barcha
Guilty
The former CEO of Larkin Community Hospital in Florida Odette Barcha admitted conspiring to defraud as well as receiving and handing out kickbacks. She pressured staff at the hospital to discharge patients to facilities owned by Philip Esformes, a Miami businessman.
US v Walgreens Boot Alliance
Settlement
The company agreed to pay $269.2 million for allegations of improper billing for insulin pens for people who did not need them. They were also accused of not telling patients of lower prices in their discount program.
US v Hill, Jr.
Sentenced
Phillip Hill, Jr. the past CEO of Calhoun-Liberty Hospital in Florida will spend the next 4 years in prison for wire fraud and tax fraud. He billed the hospital for fake supplies from a fake company and pocked the money. Top
Planned Parenthood v Wisconsin
Filed
The organization is suing to invalidate state laws that prevent nurses from doing abortions and limit the ability to obtain meds that induce abortions. The Wisconsin law is restricting because it states only physicians may prescribe the abortion drugs and the same physician must be in the room when the woman takes the first meds. She then takes the second med at home the following day.
Thirty Eight Hospitals v HHS
Filed
The hospitals are not happy their cash cow is being squeezed and are suing to protect it. The hospitals do not to be paid as physicians when they are physician offices. They think they are still hospitals but they are not. The site neutal policy from HHS is long overdo. This is the same issue as was filed by the AHA last month. Top
US v Physician
Probation
A pediatric cardiologist plead guilty last year to illegally allowing pharmaceutical reps access to confidential medical information. That physician has been granted probation instead of the one year jail time.
California v Aetna
Settlement
Aetna has agreed to pay a fine of $930,000 after a vendor sent letters to California patients that revealed their taking HIV meds to all via too large envelope windows. Top
Global Hospitalist Solutions v
Santa Cruz Valley Regional Hospital
Filed
The staffing company says the hospital owes almost $2 million in unpaid services. The Arizona hospital was in bankruptcy but is now out with a new owner.
Zerbi v College Medical Center
Filed
The daughter of a woman with dementia discharged from the Long Beach hospital via cab to the facility from where she came from is not happy with the hospital. The hospital says the patients have the right to choose their method of transportation upon discharge from the hospital. The question is the competency of the person making that decision. That includes the hospital person who made the decision. Top
Coleman v Baylor St. Luke's
Filed
Two new suits have now been filed against the program and Dr. Morgan who ran the program. the total is now up to five with probably more coming. These last two state that Dr. Morgan erred in his sewing. One closing a vein that shouldn't been closed and in another case he sutured the colon to the diaphragm causing peritonitis.
Patients v J&J
Settlement
The company has agreed to pay $120 million to resolve allegations that it misleading claims on its DePuy metal on metal hip implants. The money goes to the states who sued and not patients and the company made no admission of guilt or liability.
Powell v St. Barnabas Hospital
Filed
In this weird case Shirell Powell was called by the hospital to be with her brother who was dying from a drug overdose. She came and sat with him as he was shrouded with tubes. Two weeks later she gave permission to remove him from life support. the problem was it was not her brother but a stranger she gave permission to. He was really Freddy Williams. The hospital mixed up the names. The brother is alive and well but in jail.
Hodges v Mount Sinai Hospital
Superior Ct. NY
A hospital's erroneous entry into a medical record saying a patient is HIV positive is not grounds for negligent emotional distress. As it caused the patient no fear for his safety nor did it endanger him the suit was tossed. He knew he was HIV negative when the erroneous posting was made.
ASEA/AFSCME Local 52 v
Abbott
USDC Minn
A federal judge dismissed the suit by the third party payer against Abbott for defective St. Jude heart defibrillators. He rightly stated that federal law required the dismissal of the suit. Top
Employees v Univ. Pittsburgh
Medical Center
3rd Circuit
The employees sued the medical center in a wage dispute and after asking for and receiving millions of pages of documentation withdrew the suit must pay the University for their costs. They owe $317,000 in copying costs.
Puccioni and Miller v Children's Hospital
Omaha and Conley
Filed
Dr. Mark Puccioni, a pediatric neurosurgeon and Dr. Jason Miller, a plastic surgeon, filed a suit against the hospital, the CEO Dr. Richard Azizkhan and another physician Dr. Adam Conley for disparaged their reputations. They also allege medical malpractice in a death in the OR. In response the hospital has filed a countersuit.
Four v Texas Children's Hospital
Houston
Filed
Four people have filed an age discrimination suit against the hospital. They claim that four years ago the hospital required them to either become Microsoft Certified Solutions Associate or Cisco Certified Network Associate as part of their work as senior computer operations analysts. They state that these certifications were hard to obtain and had nothing to do with their work. All were fired after not receiving the certifications and were replaced with younger people who also did not have the certifications.
Ten Employees v New York
Presbyterian
Filed
The people are suing claiming multiple discrimination by the operating room supervisor.
Zamanian v Jefferson Parish Hospital
5th Circuit
Yet another suit by a physician wanting their peer review overturned was dismissed. He had his admitting privileges removed and after going through all due process and losing he did the stupid thing of suing. Almost nobody wins these except the attorney. 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.
February 1, 2019 Recent Legal News
| |
| |
| |
| |
| |
| |
|
Arizona v Sutherland
Filed
Nathan Sutherland, a nurse at Hacienda Healthcare, an unlicensed facility in Arizona was indicted for raping an incapacitated woman at the facility. No one knew until she gave birth. The woman had been incapacitated since age three due to seizures. Since the birth the CEO has resigned as has one physician and one physician has been suspended.
Massachusetts v Begos
Indicted
Dr. Dennis Begos, a surgeon at Winchester Hospital, has been arrested for suspicion of placing a camera inside a staff restroom. A nurse noticed an odd looking clothes hook and found a camera. On the camera were pictures of Begos and his wife on a beach. The device had no images from the restroom. Top
US v Bozeman Health Deaconess
Hospital
Settlement
The hospital has paid $10 million to settle allegations that it illegally had an monopoly on radiology services in the area via a kickback scheme. Two Bozeman radiologists will share 28% for their reporting of the fraud and the hospital must pay $2.8 million to the legal firm representing the two radiologists. The accusation is that the hospital bribed two radiologists not to open a competing outpatient office and to open a joint venture with the hospital instead. The hospital in their greed was paid for referral to the outpatients to the joint center which it owned 77%. This is the third suit filed by the two radiologists. the first one led to over $800,000 to each for wrongful termination. the second is still pending. The hospital denies all.
US v Barcha
Guilty
The former CEO of Larkin Community Hospital in Florida Odette Barcha admitted conspiring to defraud as well as receiving and handing out kickbacks. She pressured staff at the hospital to discharge patients to facilities owned by Philip Esformes, a Miami businessman.
US v Walgreens Boot Alliance
Settlement
The company agreed to pay $269.2 million for allegations of improper billing for insulin pens for people who did not need them. They were also accused of not telling patients of lower prices in their discount program.
US v Hill, Jr.
Sentenced
Phillip Hill, Jr. the past CEO of Calhoun-Liberty Hospital in Florida will spend the next 4 years in prison for wire fraud and tax fraud. He billed the hospital for fake supplies from a fake company and pocked the money. Top
Planned Parenthood v Wisconsin
Filed
The organization is suing to invalidate state laws that prevent nurses from doing abortions and limit the ability to obtain meds that induce abortions. The Wisconsin law is restricting because it states only physicians may prescribe the abortion drugs and the same physician must be in the room when the woman takes the first meds. She then takes the second med at home the following day.
Thirty Eight Hospitals v HHS
Filed
The hospitals are not happy their cash cow is being squeezed and are suing to protect it. The hospitals do not to be paid as physicians when they are physician offices. They think they are still hospitals but they are not. The site neutal policy from HHS is long overdo. This is the same issue as was filed by the AHA last month. Top
US v Physician
Probation
A pediatric cardiologist plead guilty last year to illegally allowing pharmaceutical reps access to confidential medical information. That physician has been granted probation instead of the one year jail time.
California v Aetna
Settlement
Aetna has agreed to pay a fine of $930,000 after a vendor sent letters to California patients that revealed their taking HIV meds to all via too large envelope windows. Top
Global Hospitalist Solutions v
Santa Cruz Valley Regional Hospital
Filed
The staffing company says the hospital owes almost $2 million in unpaid services. The Arizona hospital was in bankruptcy but is now out with a new owner.
Zerbi v College Medical Center
Filed
The daughter of a woman with dementia discharged from the Long Beach hospital via cab to the facility from where she came from is not happy with the hospital. The hospital says the patients have the right to choose their method of transportation upon discharge from the hospital. The question is the competency of the person making that decision. That includes the hospital person who made the decision. Top
Coleman v Baylor St. Luke's
Filed
Two new suits have now been filed against the program and Dr. Morgan who ran the program. the total is now up to five with probably more coming. These last two state that Dr. Morgan erred in his sewing. One closing a vein that shouldn't been closed and in another case he sutured the colon to the diaphragm causing peritonitis.
Patients v J&J
Settlement
The company has agreed to pay $120 million to resolve allegations that it misleading claims on its DePuy metal on metal hip implants. The money goes to the states who sued and not patients and the company made no admission of guilt or liability.
Powell v St. Barnabas Hospital
Filed
In this weird case Shirell Powell was called by the hospital to be with her brother who was dying from a drug overdose. She came and sat with him as he was shrouded with tubes. Two weeks later she gave permission to remove him from life support. the problem was it was not her brother but a stranger she gave permission to. He was really Freddy Williams. The hospital mixed up the names. The brother is alive and well but in jail.
Hodges v Mount Sinai Hospital
Superior Ct. NY
A hospital's erroneous entry into a medical record saying a patient is HIV positive is not grounds for negligent emotional distress. As it caused the patient no fear for his safety nor did it endanger him the suit was tossed. He knew he was HIV negative when the erroneous posting was made.
ASEA/AFSCME Local 52 v
Abbott
USDC Minn
A federal judge dismissed the suit by the third party payer against Abbott for defective St. Jude heart defibrillators. He rightly stated that federal law required the dismissal of the suit. Top
Employees v Univ. Pittsburgh
Medical Center
3rd Circuit
The employees sued the medical center in a wage dispute and after asking for and receiving millions of pages of documentation withdrew the suit must pay the University for their costs. They owe $317,000 in copying costs.
Puccioni and Miller v Children's Hospital
Omaha and Conley
Filed
Dr. Mark Puccioni, a pediatric neurosurgeon and Dr. Jason Miller, a plastic surgeon, filed a suit against the hospital, the CEO Dr. Richard Azizkhan and another physician Dr. Adam Conley for disparaged their reputations. They also allege medical malpractice in a death in the OR. In response the hospital has filed a countersuit.
Four v Texas Children's Hospital
Houston
Filed
Four people have filed an age discrimination suit against the hospital. They claim that four years ago the hospital required them to either become Microsoft Certified Solutions Associate or Cisco Certified Network Associate as part of their work as senior computer operations analysts. They state that these certifications were hard to obtain and had nothing to do with their work. All were fired after not receiving the certifications and were replaced with younger people who also did not have the certifications.
Ten Employees v New York
Presbyterian
Filed
The people are suing claiming multiple discrimination by the operating room supervisor.
Zamanian v Jefferson Parish Hospital
5th Circuit
Yet another suit by a physician wanting their peer review overturned was dismissed. He had his admitting privileges removed and after going through all due process and losing he did the stupid thing of suing. Almost nobody wins these except the attorney. 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.
February 1, 2019 Recent Legal News
| |
| |
| |
| |
| |
| |
|
Arizona v Sutherland
Filed
Nathan Sutherland, a nurse at Hacienda Healthcare, an unlicensed facility in Arizona was indicted for raping an incapacitated woman at the facility. No one knew until she gave birth. The woman had been incapacitated since age three due to seizures. Since the birth the CEO has resigned as has one physician and one physician has been suspended.
Massachusetts v Begos
Indicted
Dr. Dennis Begos, a surgeon at Winchester Hospital, has been arrested for suspicion of placing a camera inside a staff restroom. A nurse noticed an odd looking clothes hook and found a camera. On the camera were pictures of Begos and his wife on a beach. The device had no images from the restroom. Top
US v Bozeman Health Deaconess
Hospital
Settlement
The hospital has paid $10 million to settle allegations that it illegally had an monopoly on radiology services in the area via a kickback scheme. Two Bozeman radiologists will share 28% for their reporting of the fraud and the hospital must pay $2.8 million to the legal firm representing the two radiologists. The accusation is that the hospital bribed two radiologists not to open a competing outpatient office and to open a joint venture with the hospital instead. The hospital in their greed was paid for referral to the outpatients to the joint center which it owned 77%. This is the third suit filed by the two radiologists. the first one led to over $800,000 to each for wrongful termination. the second is still pending. The hospital denies all.
US v Barcha
Guilty
The former CEO of Larkin Community Hospital in Florida Odette Barcha admitted conspiring to defraud as well as receiving and handing out kickbacks. She pressured staff at the hospital to discharge patients to facilities owned by Philip Esformes, a Miami businessman.
US v Walgreens Boot Alliance
Settlement
The company agreed to pay $269.2 million for allegations of improper billing for insulin pens for people who did not need them. They were also accused of not telling patients of lower prices in their discount program.
US v Hill, Jr.
Sentenced
Phillip Hill, Jr. the past CEO of Calhoun-Liberty Hospital in Florida will spend the next 4 years in prison for wire fraud and tax fraud. He billed the hospital for fake supplies from a fake company and pocked the money. Top
Planned Parenthood v Wisconsin
Filed
The organization is suing to invalidate state laws that prevent nurses from doing abortions and limit the ability to obtain meds that induce abortions. The Wisconsin law is restricting because it states only physicians may prescribe the abortion drugs and the same physician must be in the room when the woman takes the first meds. She then takes the second med at home the following day.
Thirty Eight Hospitals v HHS
Filed
The hospitals are not happy their cash cow is being squeezed and are suing to protect it. The hospitals do not to be paid as physicians when they are physician offices. They think they are still hospitals but they are not. The site neutal policy from HHS is long overdo. This is the same issue as was filed by the AHA last month. Top
US v Physician
Probation
A pediatric cardiologist plead guilty last year to illegally allowing pharmaceutical reps access to confidential medical information. That physician has been granted probation instead of the one year jail time.
California v Aetna
Settlement
Aetna has agreed to pay a fine of $930,000 after a vendor sent letters to California patients that revealed their taking HIV meds to all via too large envelope windows. Top
Global Hospitalist Solutions v
Santa Cruz Valley Regional Hospital
Filed
The staffing company says the hospital owes almost $2 million in unpaid services. The Arizona hospital was in bankruptcy but is now out with a new owner.
Zerbi v College Medical Center
Filed
The daughter of a woman with dementia discharged from the Long Beach hospital via cab to the facility from where she came from is not happy with the hospital. The hospital says the patients have the right to choose their method of transportation upon discharge from the hospital. The question is the competency of the person making that decision. That includes the hospital person who made the decision. Top
Coleman v Baylor St. Luke's
Filed
Two new suits have now been filed against the program and Dr. Morgan who ran the program. the total is now up to five with probably more coming. These last two state that Dr. Morgan erred in his sewing. One closing a vein that shouldn't been closed and in another case he sutured the colon to the diaphragm causing peritonitis.
Patients v J&J
Settlement
The company has agreed to pay $120 million to resolve allegations that it misleading claims on its DePuy metal on metal hip implants. The money goes to the states who sued and not patients and the company made no admission of guilt or liability.
Powell v St. Barnabas Hospital
Filed
In this weird case Shirell Powell was called by the hospital to be with her brother who was dying from a drug overdose. She came and sat with him as he was shrouded with tubes. Two weeks later she gave permission to remove him from life support. the problem was it was not her brother but a stranger she gave permission to. He was really Freddy Williams. The hospital mixed up the names. The brother is alive and well but in jail.
Hodges v Mount Sinai Hospital
Superior Ct. NY
A hospital's erroneous entry into a medical record saying a patient is HIV positive is not grounds for negligent emotional distress. As it caused the patient no fear for his safety nor did it endanger him the suit was tossed. He knew he was HIV negative when the erroneous posting was made.
ASEA/AFSCME Local 52 v
Abbott
USDC Minn
A federal judge dismissed the suit by the third party payer against Abbott for defective St. Jude heart defibrillators. He rightly stated that federal law required the dismissal of the suit. Top
Employees v Univ. Pittsburgh
Medical Center
3rd Circuit
The employees sued the medical center in a wage dispute and after asking for and receiving millions of pages of documentation withdrew the suit must pay the University for their costs. They owe $317,000 in copying costs.
Puccioni and Miller v Children's Hospital
Omaha and Conley
Filed
Dr. Mark Puccioni, a pediatric neurosurgeon and Dr. Jason Miller, a plastic surgeon, filed a suit against the hospital, the CEO Dr. Richard Azizkhan and another physician Dr. Adam Conley for disparaged their reputations. They also allege medical malpractice in a death in the OR. In response the hospital has filed a countersuit.
Four v Texas Children's Hospital
Houston
Filed
Four people have filed an age discrimination suit against the hospital. They claim that four years ago the hospital required them to either become Microsoft Certified Solutions Associate or Cisco Certified Network Associate as part of their work as senior computer operations analysts. They state that these certifications were hard to obtain and had nothing to do with their work. All were fired after not receiving the certifications and were replaced with younger people who also did not have the certifications.
Ten Employees v New York
Presbyterian
Filed
The people are suing claiming multiple discrimination by the operating room supervisor.
Zamanian v Jefferson Parish Hospital
5th Circuit
Yet another suit by a physician wanting their peer review overturned was dismissed. He had his admitting privileges removed and after going through all due process and losing he did the stupid thing of suing. Almost nobody wins these except the attorney. 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.