June 1, 2022  Recent Legal News

Criminal

Fraud

Healthcare

Malpractice

Peer Review and Employment

 

Criminal

Los Angeles v Plance
Charged

Dr. Donald Plance has been accused of making fake vax cards bearing officials seals and giving them to patients.  He is also accused of giving plasma to patients froportly from patients who had Covid to protect them.  This is an unapproved procedure.

US v Zagala
Charged

The feds have charged Dr. Moises Zagala Gonzales with crating and distributing ransomware and sharing in the profits from the ransomware attacks.  He is a citizen of Venezuela and France and now lives in Venezuela.  He is also a self taught master coder.

Florida v Li
Arrested

Dr. Alan Li, a former resident at Miami Mount Sinai Medical Center was arrested for attempted sex trafficking of an underage girl.  

Kentucky v Russell
Arrested

Dr. Stephanie Russell a Louisville physician was arrested for attempted murder of her ex-husband.  She contacted a person to do the deed who turned out to be a FBI Undercover Employee.        Top

Fraud

US v University of Maryland Shore Regional Health
Settlement

The hospital agreed to pay $300,000 to settle allegations that they billed for procedures to fed med that lacked the required supervision from a physician.

US v Oklahoma Heart Hospital South
Settlement

The hospital agreed to pay $ 1.2 million to settle allegations that they billed for intensive cardiac rehab without the necessary every 30 day physician signature.

US v Romandetti
Guilty

Christian Romandetti, SR. , the former CEO of First Choice Healthcare Solutions plead guilty of securities fraud.  He and others artificially controlled the price and volume of traded shares by manipulating the communications with investors.

West Virginia v Teva, AbbVie
Settlement

The pharmaceutical firms agreed to pay the state $161 million to settle claims that they fueled the opioid epidemic in the state.  There was an ongoing trial that ended with the settlement.

US v Montanelli, Montanelli
Sentenced

Steven and Anthony Montanelli, a father and son, were sentenced to a five year probation and repay of $1.2 million and one year and a day in prison plus repay of $1.2 million respectively for defrauding Kaiser Oakland.  They were biomedical engineers who ordered parts and resold them for their own gain.  They were both ordered to also pay a fine of $15,000.        Top

Healthcare

French v Centura Health corporation
Colorado Supreme Court

Lisa French had spinal surgery and the hospital estimated she would owe roughly $1337.  She had complications during surgery and her bill she owed ballooned to $229,112.  She had signed a financial agreement but the jury said this meant the reasonal value of the services not the price the hospital set unilaterally via the chargemaster.  The Court of appeals overturned the lower court and the Supreme court agreed with the jury.  They said that she could not have consented to pay the chargemaster prices since the hospital had not disclose those prices to her.  There was no reason why the hospital did not disclose the prices except they did not want to.  Apparently, the hospital also screwed up by believing she was in network when she wasn't.  

Families v Alabama
DC

A federal district court judge invalidated the Alabama law that made it a felony punishable by prison time to prescribe or administer gender affirming drugs to transgender minors in order to help the affirm their new gender.  The ruling will be appealed.        Top

Malpractice

Berry v Grossman
Iowa Supreme Court

In 2004 Linda Berry went to Mercy Hospital for an unknown ailment.  she had a CT scan which showed a benign renal cyst. She says she was not told about this finding.  Two years later she had a UTI and another Ct scan which showed the same mass and again she says she was not told.  Three years later she had abdominal pain and was seen in the ER by Dr. Grossman who ordered another CT scan.  She was diagnosed with colitis but say she was not told the renal mass was now larger.  Two days later she got yet another CT scan for the continuing abdominal paid and the radiologist said to rule out renal cancer.  Dr. Grossman referred her to her primary for the colitis but did not mention the renal mass.  One year later another CT scan again showed the mass and she was told about it.  She died soon after with metastatic renal carcinoma.  She sued Dr. Grossman and eventually lost the case.  The lower court ruled that the statute of limitations applied and granted summary judgment for the defendants.  The court of appeals reversed stating there was a triable issue as to whether fraudulent concealment bested the statute of limitations.  the Supreme Court reversed the court of appeal and issued a summary dismissal of the case stating the fraud if it was happened for the first time over six years prior and there is not continuing fraud that would remove the statute of limitations.

Women v Broadbent
Filed

Multiple women have filed suit against Dr. David Broadbent, an OB/Gyn on Provo, Utah and the hospitals where he worked.  He is accused of sexually assaulting women for four decades.  The hospitals let him go and he is now retired.  He was an independent practitioner not employed by either hospital.        Top

Peer Review and Employment

Leon v Indiana University Health
Filed

Dr. Brian Leon worked at IU Health for 23 years.  He asserts that I U is losing money and pressured physicians to only see patients for 10 minutes of EMR time.  He claims that is woefully inadequate and was then demoted and finally terminated.  IU states that there is no 10 minute EMR time limit anywhere in there system.        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.