September 1, 2021 Recent Legal News
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US v Zhao
Indicted
Tangtang Zhao, a Chicago pharmacist was arrested for selling fake Covid vaccination cards on EBay.
California
v Robicheaux, Riley
New Complaint
Prosecutors will re-file charges of drugging and sexual abuse of two women against Dr. Grant Robicheaux and his girl friend Cerissa Riley. This is a reduction from the earlier five cases and a dropping of the rape charges.
US v Arnold
Indicted
This Long Island dentist is accused of selling prescriptions for sex.
US v Works
Sentenced
The court in Massachusetts sentenced Danielle Works, a LPN, to 20 months in prison. She was convicted of ingesting liquid morphine that was intended for a dying patient and replacing it with water. She had done the same thing in two other jobs. Top
US v Obukhoff
NOT GUILTY
Dr. Serge Obukhoff of Santa Ana was found NOT GUILTY on all 35 counts of conspiracy and fraud. He was accused of accepting kickbacks from Pacific Hospital of Long Beach to have him do surgery there. He showed that he believed his payments were part of an option agreement for a management company to purchase his practice. He did many surgeries prior to the option agreement and had been assured by the attorney that the deal was legal and customary.
US v Tri-County Hospitalist, LLC
Settlement
The Pennsylvania medical group agreed to pay $200,000 to settle allegations that they billed for advance planning care and tobacco cessation counseling routinely even when not necessary. This was a qui tam from a former hospitalist of the group.
US v Azinheira
Settlement
Lisa Azinheira, a Hartford, Connecticut optician, agreed to pay $678,901 to settle allegations that she and her firm L.A. Vision billed for services not necessary. When they billed Medicaid for eyeglasses they routinely also billed for miscellaneous vision services of items.
US v Norridge Gardens
Settlement
The Norridge, Illinois nursing facility agreed to pay $360,000 to settle allegations that they cheated by pressuring a rehab outfit to upgrade PT even on patients who did not need it or benefit from it. This was for more money.
US v Istomin
Indicted
Alexander Isotomin of Florida was arrested and charged with fraud. He is an RN who billed for services personally performed but when he was in another state.
US v Blessing Hospital
Settlement
The Quincy, Illinois, hospital agreed to pay $2.82 million for their billing for cardiac cath procedures performed by cardiologist who implanted un-needed stents.
US v Roethle
Indicted
Dr. Scott Roethle of Kansas was accused of getting illegal kickbacks by writing prescription and orders for orthotics, genetic tests and topical creams.
US v Sutter Health
Settlement
Sutter Health in Sacramento has agreed to pay $90 million to settle allegations that they provided inaccurate Medicare Advantage information to get more money. this settlement comes just days after the company got final approval for their $575 million settlement for antitrust violations by using its market domination to overcharge health plans. Top
Hansen v CVS
TRO
Dr. Kendall Hansen of Kentucky won a restraining order against CVS forcing them to fill his prescriptions. CVS said the pain med physician whose practice was raided but after an investigation no charges were filed would no longer fill his prescriptions. They called his office once before sending him a letter refusing his prescriptions. The judge believed Hansen has a good chance of prevailing at the later hearing.
UnitedHealth v DHS
DC Ct App
In an unanimous ruling the Circuit ruled that private insurers must return payments received based on incorrect diagnosis. This is bad for Medicare Advantage plans whose payments are based on severity of illness. If they are unsupported the extra money needs to be repaid.
California v Bristol Myers Squibb
Settlement
The drug company will pay $75 million nationwide to states and the Fed for using false rebate payments for its drugs.
Wellstar v Kaiser
Filed
Wellstar Health in Atlanta claims that Kaiser owes them over $41 million due to not paying or underpaying for services. Wellstar states they never authorized discounts so they have been underpaid.
Smith v Hospital
Order
The wife of a 51 year old Covid patient in the ICU who is deteriorating has requested he be treated with Ivermectin. The hospital has refused to allow it but the court said that a physician may give the drug to the patient for three weeks. Top
Patients v University of New
Mexico Health
To Be Filed
They were hacked in May and found it out one month later. Over 637,000 patients information were exposed.
Patients v St. Joseph/Candler
To Be Filed
Over 1.4 million patients information with a ransomware attack on the Feorgia system. The hacker got access sometime in the six months prior to being discovered.
Patients v DuPage Medical group
To Be Filed
The largest medical group in Illinois had a security breach in mid July and this was found rapidly. They are now notifying about 600,000 patients of the compromise of their information. Top
Tyo v New York Presbyterian Hudson
valley
NLRB
Rosamaria Tyo was terminated from her position as a nurse at the hospital. the hospital contended that it was for leaving the OR during a surgery while teaching a student nurse. She left the OR to attend a union meeting. Several days later she was history. The board said it is doubtful that she would have been fired if not for the union activity days prior. She has been ordered to be reinstated to her former job or equivalent, paid for loss earnings and other benefits and remove the termination from the hospital files.
Noble v Sutter Health
Filed
Dr. Stephen Noble, CV Surgeon at Modesto Memorial Hospital filed suit for racial discrimination. The suit alleges that the hospital gave him a contract that broke oral promises and paid him far less than others who are not black. He contends he was not put on ED call and cancelled surgeries without his knowledge. He was paid far less but since an investigation had been opened on him he could not resign and was forced to work in a hostile work environment.
Bhattachary v University of
Virginia
Filed
Kieran Bhattacharya was a second year medical student when he went to a panel on "microagressions". After the panelists spoke he asked cogent questions that threw the presenters notions into question. Those questions led him to be labeled a threat and to be dismissed from school. He sued and the outcome will be fascinating as his free speech ability was certainly muzzled. 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.