September 1, 2023  Recent Legal News

Criminal

Fraud

Healthcare

HIPAA

Malpractice

Peer Review and Employment

Criminal

British Columbia v Cleroux
Arrested

Brigette Cleroux has been charged with fraud for being employed as a nurse at the private View Royal 
Surgical Clinic.  She has never been a nurse but as been accused in many provinces of impersonating a nurse over the last 20 years.  The question is how did she get these positions?

Great Britain v Letby
Guilty

Nurse Lucy Letby has been found guilty of murdering seven babies and attempted murder of another ten while working at the Countess of Chester Hospital.  She was sentenced to life in prison without parole.

US v Mohanty
Indicted

Dr. Sudipta Mohanty of Boston has been accused of performing a lewd act upon himself within the view of a teen sitting beside him on an airplane.

Utah v Pederson
Arrested

Gordon Pederson was indicted three years ago for selling a fake Covid cure.  He is accused of selling a structural alkaline silver product online.  He fled and was now arrested.

US v Herrell, Grenkoski, McFarlane, Cirelli
Guilty

Eastern Kentucky based EMC Medical clinic physicians Evann Herrell, Mark Grenkoski, Keri McFarane and Stephen Cirelli were convicted by a jury of conspiracy to illicitly prescribe narcotics.  

Missouri v Hall
Sentenced

Respiratory therapist Jennifer Hall was a therapist at Hedrick Medical Center.  She plead guilty to first degree involuntary manslaughter charges for the deaths of several people who she placed into arrest so she could save them.  This was twenty years ago.  She was sentenced to 18 years in prison.

California v Moscoso
Guilty

Dario Moscoso plead guilty to seeing patients posing as a plastic surgeon.  He had no medical license.  The real plastic surgeon had also plead guilty to allowing Moscoso to work and see patients.  He lost his license.

Florida v Strolla
Guilty

Scott Strolla, DPM, of Palm Peach, plead guilty to felony battery.  He took an intoxicated female to his home and assaulted her and took pictures.  He escaped prison by the plea deal.

US v Masood
Sentenced

Dr. Muhammad Masood of Minnesota, a former Mayo Clinic research coordinator, was sentenced to 18 years in prison for his attempt at joining ISIS to fight  and attack the US.  

US v Stockin
Under Investigation

The US Army is investigating Major Michael Stockin, MD for potential sexual assault.  He has been suspended from seeing patients as he awaits the conclusion of the investigation.          Top

Fraud

US v Youssef, Faraj, Bazzi
Indicted

Dearborn, Michigan area Samer Youssef, Dr. Daoud Faraj and Houda Bazzi were indicted for their role in prescribing very expensive drugs for unneeded conditions.  Yousseff is a pharmacist who is accused of paying Faraj and others to prescribe these drugs.  

US v Cale
Sentenced

Scott Cale, DDS, was sentenced to 18 months in prison and repayment of over $1.1 million.  He had plead guilty to health care fraud.  He paid a dentist who was working for him and was forbidden to bill MassHealth for services that were done by the other dentist and billed under Cale's name.

US v Air Methods Corporation
Settlement

The air medical transport service agreed to pay over $1 million to settle allegations that they failed to return overpayments.  There were over 100 flights that were deemed unnecessary and the feds needed to be reimbursed.  This was a qui tam suit.

US v H&D Sonography LLC
Settlement

The Morris county, New Jeersy company agreed to pay $95,000 to settle civil allegations that they agreed to pay rent in excess of reasonable in ofder to induce referrals.  This is a qui tam case.  The company is also indicted under criminal statutes and hopes this payment will take care of that as well.

US v Yaish
Guilty

Elan Yaish of Israel, plead guilty of paying marketing companies to direct prescriptions for expensive meds to pharmacies in New Jersey he owned.

US v Lovelace
Guilty

Crai Lovelace of Destrehan, Louisiana, plead guilty to falsification of documents and billing for unnecessary DME in his business Advanced Medical Equipment Co.

US v Patel
Sentenced

Minal Patel owned LabSolutions USA was sentenced to 27 years in prison for a scheme to bribe physicians to write prescriptions for expensive genetic testing.  

US v Harwin
Guilty

Dr. William Harwin, the head of Florida Cancer Specialists & Research Institute, LLC plead guilty to antitrust.  He suppressed competition by allocating chemo therapy to FCS and shipping radiation therapy to other preferred providers.  The company had previously paid $100 million to settle criminal charges.

US v Vo
Guilty

Dr. Tien Tan Vo of Imperial Valley, California, plead guilty to buying drugs from Mexico and reselling them in the US as if they were the FDA drugs.

US v Orusa
Sentenced

Dr. Samson Orusa of Clarksville, Tennessee, was sentenced to 84 months in prison after being convicted of healthcare fraud.  He billed for medically unnecessary services and coerced patients to visit very often in order to get prescriptions.

US v Lincare Holdings Inc.
Settlement

The Florida company agreed to pay $29 million to settle allegations that they overbilled fed med for oxygen equipment.  They continued to bill fed med after their three year time period for billing was up.  This was a qui tam case so the two whistleblowers will get a significant payout, $5,655,000.      Top  

Healthcare

Carle Clinic v Illinois
Ill Ct App

Carle Clinic was denied their real estate exemption due to their charitable use from 2004-2011.  in 2012 it was deemed they were partially exempt.  The hospital sued and the trial court ruled that the hospital was exempt from 2005 to 2012 and ordered a refund of over $6 million in paid taxis.  There were appeals from both sides.  The court said the Carle Clinic did do charitable care and was entitled to the refund and also sided with the Clinic that 2004 should also have been included.

Caporaletti, DePriest v DC
DC Ct app

 The two were arrested for writing an ant-abortion message on a sidewalk.  They sued stating their free speech and equal protection rights were violated.  The lower court dismissed their suit for failure to allege discriminatory intent.  The appeals court and agreed with the equal rights decision but not the free speech decision.  Since Black Lives Matter had done the same thing with no repercussions and none were arrested the case can continue.

Nass v Maine Medical Board
Filed

Dr. Meryl Nass had her Maine medical license suspended for spreading false information regarding Covid.  She is suing to get it back.  She claims they violated her freedom of speech and were retaliatory along with having a chilling effect on her efforts to publicly share her views on the Covid vaccines.  The board says there are limits to free speech and fraud is one of those limits.  She also states the ordered neuropsychiatric exam was uncalled for as the board had no evidence of any neuropsychiatric disease.

US v Rajbanshi
Guilty

Ranjan Rajbanshi DDS, of Bakersfield, California, plead guilty to receiving Covid money under false pretenses.

US v Teva Pharmaceuticals, Glenmark Pharmaceuticals

Teva agreed to pay $50 million and $30 million in drug donations and a $225 million fine and Glenmark will pay $30 million fine  to resolve allegations that they fixed the prices of drugs.  They are the 6th and 7th companies to have settled. 

Bon Secours v Anthem BCBS
Filed

The hospital system says that Anthem owes them $93 million for unpaid claims.  Underlying this is an attempt to get more money under a new contract between the two entities.  Anthem had filed suit stating the Bon Secous was not seeing their patients illegally.        Top

HIPAA

Dinerstein v University of Chicago Medicine and Google
7th Circuit

He sued the companies saying that he could be identified due to his geolocation and the anonymized medicl data.  The trial court threw this out and the 7th Circuit followed suit.

HHS v UnitedHealth
Payment

When United did not release medical records to a patient after sic months they were fined by HHS $800,000 for their idiocy.    Top

Malpractice

Boas v Christiana Care Health Services
Judge

The judge refused to stop the suit filed by Boas alleging the hospital did an autopsy on their 16 week fetus without their consent.  The hospital had a policy of doing an autopsy on any infant under 20 weeks even without the parents consent.  They are very dumb and should fire their attorney.

Parker v America's Frontline Doctors
Filed

Parker died shortly after taking hydroxychloroquine prscribed by Dr. Culver.  The suit claims Culver did not do a physical prior to prescribing the drug.  The medical expert for Parker said the ingestion of the med caused his death.  This should be a standard med mal case with no publicity but the attorney apparently wants to grandstand.

Sams v Roper St. Francis Healthcare, Retina Eye Center of Charleston, Carolina Eye Physiicians, Dr. King
Filed

The suit states that Sams went into the hospital for left eye surgery but had his right eye operated upon instead.  This is a "never event" and pay out the money now.

Patients v 3M
Settlement

3M has agreed to pay $6 Billion to settle allegations that they supplied faulty combat earplugs to the military.  There have been over 300,000 suits filed regarding this.  

Campbell v Quality Life Services
Filed

Campbell died after receiving a lethal dose of insulin while a patient at the facility.  Heather Pressdee RN was accused of the lethal shot and the death of another as well.  She is under arrest.          Top

Peer Review and Employment

Michailidou v Northern Light Eastern Maine Medical Center
Filed

Dr. Maria Michailidou, a colorectal surgeon, is suing for discrimination.  The Greek born physician claims the hospital encouraged the chief of surgery to bully junior physicians.  If she can show malice she may have a chance but even that is doubtful under HCQIA.

Cooper v Roswell Park
Decision

A judge has determined that Wendy Cooper must be re-hired by Roswell Park.  She lost in arbitration and the judge overruled since the laws had changed during the arbitration.  She was suspended and then fired after being unvaccinated against Covid.  The decision rested on the law changing not the cause for the termination.  Roswell will appeal.

Freeman v Robert Wood Johnson University Hospital
Filed

Richard Freeman was the CEO of the hospital who was fired for violating the hospital's sexual harassment protocol.  There was a living art body painting exhibition at the hospital's foundation dinner.  Freeman states he was not involved with the planning or authorization of the event.  The hospital is attempting to not pay what is due if fired not for cause.        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.