January 15, 2020 Recent Legal News
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Texas v Collins
Indicted
Dr. Timothy Collins, a pediatrician in Plano, was accused of sexual assault and possession of a controlled substance. It is alleged that he used a dating app to lure two teenage boys to have sex and who he gave drugs. He has had his medical license suspended.
Arizona v Robertson
Guilty
Dr. Glenn Robertson of Cochise County plead guilty of attempted first degree murder along with two drug related charges. He had his license suspended and then revoked in 2018 for prescribing Ritalin to a person he did not examine. He thought an acquaintance had been the one to report him to the Medical Board and plotted to have her killed. He is looking at many years in prison.
Pennsylvania v
Mintz
Sentenced
Dr. Richard Mintz of Dresher was sentenced to one year and one day in prison as well as a $100,000 fine for pleading guilty to eight counts of distributing oxycodone without a medical reason. Top
US v Smith
Settlement
Two San Diego Ophthalmologists Mark Smith and Fane Robinson of the San Diego Retina Associates have agreed to pay the feds $950,000 to settle allegations that they billed for treatments by physicians who were not properly certified. This is a whistleblower law suit by a former partner Dr. Atul Jain. He will get $171,000 from this case.
Alaska v Zipperer, Jr.
Indicted
Dr. John Zipperer was arrested on charges of bilking Medicaid for over $1 million by ordering urine tests on every patient seen in the office no matter the diagnosis and running multiple tests on each sample. He also is accused of paying anoteh physician $150,000 to certify the medical need for the tests.
US v Agnesian Healthcare
Settlement
The company and its medical group will pay Wisconsin and the feds $10 million to settle allegations that it paid physicians to send patients to its facilities. Dr. Clark Searle filed the case accusing the facility of paying high referring physicians additional compensation and trying to limit the ability to refer to competitors if they left Agnesian.
US v Community Health Network,
Inc.
Filed
The feds have accused Community in central Indiana with violating Stark. They are said to have paid bonuses to those physicians who made a minimum target of referrals to the hospital. This is an qui tam suit and will soon be settled.
US v Behavioral Health Consulting
of Tampa Bay
Settlement
The Florida company agreed to pay the feds $675,000 to settle allegations that they billed for more time than spent and claims not supported by the medical record.
US v Ham
Indicted
Dr. Michael Ham, an ophthalmologist at Kokopelli Eye Institute in Arizona was indicted for health fraud. It is alleged that he directed employees to fraudulently complete documents to meet insurance standards for laser or cataract surgery.
US v Medsurant Holdings
Settlement
The company, the largest independent provider of intraoperative neuromonitoring services, has agreed to pay $1.9 million to settle allegations that they violated the False Claims Act. It was providing concurrent services which is against the Medicare rules. Top
Patients v California
Federal Judge
A judge has blocked the California law passed by te legislature that would have eliminated insurance payment rates to dialysis clinics and prohibit clinics from steering patients to private insurers. The judge cited freedom of expression as the basis for his ruling and noted that the disruptions in care would be disastrous for those in need of dialysis.
Patients v California
Federal Judge
In a separate case a different federal judge refused to halt enforcement of a law against brand name companies payments to competitors to postpone introduction of generic drugs.
Lewis v Cook Children's Medical
Center
Judge
The state judge sided with the hospital over the mother of an 11 month old child that the hospital wants to take off life support. The girl has been in the hospital since her premature birth with a rare heart defect, chronic lung disease and chronic hypertension. She requires full respiratory and cardiac support. The judge's order does not become effective for seven day to allow the mother to appeal his decision. Several days later the judge reversed himself stating the hospital must continue treatment until the appellate review.
California et al v US
Filed
The blue states have filed an appeal to the Supremes to quickly review the 5th Circuit ruling regarding Ocare. They want a ruling prior to the November elections.
NY v US
2nd Circuit
A 3 judge panel , all Dems, said the national rule against the administration should be maintained. This sets up a potential Supreme Court case as two other Circuits have already ruled that the injunctions should be lifted. The case revolves around a rule to immigrants legal status to their use of public benefits and whether the executive branch has the right to to expand the definition of who is considered a public charge.
Total Toxicology Labs v US
ED Mich
The feds state that they have overpaid the lab and want their money back. The lab appealed and due to backlogs it has now been three years. the feds started to take their money back and the lab sued for an injunction. the court refused the injunction stating the lab has not shown the requisite irreparable harm. Top
Patients v Davis
To Be Filed
Dr. Richard Davis and the Center for Facial Restoration in Miramar, Florida was hacked in early November, 2019 and the records of approximately 3500 patients were put in jeopardy. Since then patients have stated that they have been asked to pay money or their private medical records will be released. Dr. Davis had contacted the authorities and since the hack has changed hard drives as well as firewalls and other soft changes.
US v Parker
Indicted
The feds have charged Jeffery Parker of Georgia of falsely reporting a HIPAA violation. He initially stated that he was a whistleblower and falsely accused a nurse in a Savannah hospital of posting pictures of a trauma victim. The nurse was a past lover. Top
Boerste v Univ. of Louisville
Hospital
Jury
A jury awarded the plaintiff, a 54 year old woman, $10.5 million. This included $1 million in punis and $8 million for pain and suffering. She had bypass surgery in 2011 and a 18x18 inch sponge was left. This caused a leg amputation. Why this case ever came to trial is a mystery. It should have been settled much earlier. This is probably very poor lawyering by the hospital.
Wyckoff v St. Claire's Hospital
Settlement
Dina Wyckoff of Franklin Lakes, New Jersey, died at the age of 34 from cancer. She had been seen at the ED of the hospital for abdominal pain. She underwent "surgery" and had biopsies taken. The biopsies were not enough to diagnose the cancer and she had a false negative reading. The defendants were the hospital along with the Pathologist Dr. Seraphim Rimarenko and gastroenterologist Dr. Vincent Emiliani.
Ward v Froedtert Hospital
Filed
Tashonna Ward, a 25 year old, died while waiting in the waiting room of the hospital ED. She had been triaged for shortness of breath and chest pain and sent ot the waiting room. After about 2.5 hours in the waiting room and being told it could be another 4-6 hours to see a physician, she left to go to an urgent care clinic. About one hour later she collapsed and taken back to the same hospital where she was pronounced dead. Top
Schafmeiser v Kennedy
Filed
Dr. John Kennedy, an Ortho, in New York City, is being sued by his former girl friend and office manager, Susanne Schafmeister, of framing her and having her arrested under false charges. She states he told her to take $12,000 fronm the practice and then accused her of embezzlement. She is also suing Kennedy's employer NYU Langone for its "apathetic approach" to her HR complaints. She apparently found out he married a woman while he was dating her. 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.