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March 15, 2024 Recent Legal News
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US v Endo Health Solutions
Settlement
The company agreed to a settlement of both the criminal and civil charges against them for their sales and marketing of opiod drug Opana ER. The company is in bankruptcy so the global settlement is $464.9 million payable over 10 years. They also agreed to plead guilty in federal curt for entering misbranded drugs into interstate commerce. This criminal fine is $1.086 Billion plus $450 in criminal forfeiture. The civil case is settled for $475.6 million. One condition of the agreement is that Endo would cease to exist in its current form and would not emerge from bankruptcy.
California v Adame, Galaz
Convicted
The mother daughter duo of Libby Adame and Alicia Galaz were found guilty by a jury of involuntary manslaughter. This is a reduction from the original charges of second degree murder. They injected a woman with liquid silicone which caused a pulmonary embolism and killed her.
Michigan v Cadden
Guilty
Barry Cadden plead guilty to involuntary manslaughter for the death of 11 Michigan people from a fungal meningitis from mold tainted compounded steroids made in the Massachusetts New England Compounding Center which he was a co-founder.
Michigan v Brazil
Indicted
Dr. Rainna Brazil of Sylvan Lake was charged with filing false disability claims and failure to file income taxes. She got a job and did not tell the companies that were paying her disability.
US v Simonson
Sentenced
Danielle Simonson NP of Fort Ann, New York was sentenced to 70 months in prison. She had plead guilty to distributing narcotics outside the course of professional practice. She has forfeited her licenses.
US v Barrett
Sentenced
Dr. Melissa Barrett of Baton Rouge, Louisiana, was sentenced to 52 months in prison for tax evasion. She owed about $1.6 million in unpaid taxes without interest and penalties. She also submitted false claims to the IRS.
Colorado v Cichuniec
Sentenced
Paramedic Peter Cichuniec was sentenced to five years in prison for the death of a patient. The patient died after the paramedic and his partner gave him a large injection of ketamine for what was diagnosed as excited delirium, a now discredited diagnosis.
Michigan v Marar
Arrested
Dr. Omar Marar, a surgeon at Ascension St. Mary's Hospital ws arrested after he allegedly threatened staff members over a CO2 tank malfunction.
US v Spiegel
Charged
Dr. Craig Spiegel, a St. Louis, Missouri, pediatrician has been charged with exchanging narcotics for sex. The charge came after one of the women overdosed and died. He also wrote prescriptions for other patients in exchange for money and without a legitimate medical reason.
California v Sills
Sentenced
Dr. Eric Sills, a fertility physician in San Clemente, was found guilty by a jury of second degree murder of his wife and now sentenced to 15 years in prison. He was found guilty of strangulating his wife and then staging the scene to look like she had taken a fatal fall down a staircase. Top
US v KVK Research
Settlement
The Pennsylvania generic drug manufacturer has agreed to pay $1.4 million along with pleading guilty to criminal charges of introducing adulterated drugs into interstate commerce. They actually introduced drugs that did not go along with FDA rules. The company also agreed to pay and additional $2 million to resolve civil liability for the same thing.
AstraZenica v US
Judge Rule
The company sued to stop the feds from forcing negotiation on drug manufacturers for the price charged. The judge ruled that the company had no legal standing to sue.
Hart v McKesson
2nd Circuit
The appeals court overturned a lower court ruling for McKesson. It is letting the whistleblower case go forward when hart is accusing the company of giving oncologists a tool to increase profit margins for prescribed cancer drugs. They did this for those physicians who were willing to make McKesson their primary wholesaler provider. The 2nd tossed the anti-kickback claims but not the state claims.
US v New York-Presbyterian/Brooklyn Methodist Hospital
Settlement
The hospital agreed to pay $17.3 million to settle allegations that they paid kickbacks to physicians in their infusion center. They paid physicians on an incentive basis.
US v Patel
Settlement
Dr. Nishi Patel of Pennsylvania agreed to pay $95,000 to settle allegations that he ordered unnecessary genetic testing for Medicare patients. This was after a brief telemedicine consultations.
Singh v Aledade
Filed
The whistleblower has filed suit against the largest independent network of primary care medical practices alleging they cheated Medicare out of millions of dollars by using software that made patients seem sicker than they really were. They are alleged to have said people had substance abuse if they drank 2 drinks per day and this got them an additional $3680 per patient. The suit also alleged the diagnosis of anxiety went to depression and this garnered an additional $3300 a year per patient. The company is also alleged to require physicians to use diabetes with complications even if those complications are not present any longer. The feds will not join the suit at this time. Top
Patients v Change Healthcare
Filed
At least 5 suits have been filed for negligence in the cyberattack that crippled pharmacies, physicians and hospitals around the country.
Patients v Univ. Texas Southwestern Medical Center
To Be Filed
Over 2000 patients have had their PHI compromised due to negligence. The Medicaid patient's information were compromised after a breach of MOVEit, a third party file transfer platform.
US v United Health Group Change Healthcare
Investigation
The feds are investigation and will probably fine the nation's largest payment center for negligent HIPAA security. Top
Russell v Sampson
Filed
Dr. John Sampson has been accused of operating on a patient when he was not allowed to operate on patients. He did a Brazilian Butt Lift on a 33 year old female who died after he alleged ly perforated her bladder, liver and intestines with a canula. He did this in a Coral gables Seduction Cosmetic Center. The facility allegedly providen Sampson with false paperwork statin he had hospital privileges when that ws not true.
Patients v Mowlavi
Settlement
Dr. Arian Mowlavi, AKA Dr. Laguna of California has settled with about 36 patients and his insurance company will pay about $6 million to these individuals. He is a plastic surgeon who does not acknowledge any of the wrongdoings he is accused of. He still has a criminal count against him for an alleged unlawful business practice. He had his license suspended for 90 days after a death of a patient and is now facing more accusations at the medical board.
DeAngelo v Advocate Physician Partners
Decision
A verdict have Antonio DeAngelo $40 million for suffering a stroke after a physician did not do any tests including not treating his high blood pressure.
McGowan v Mercy Hospital
Filed
The patient went to the hospital ED in Springfield, Missouri, for chest pain. He waited post triage 24 hours to be seen and died in the waiting room. 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.