September 15, 2020 Recent Legal News
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Connecticut v RN
To Be Filed
The state is looking into filing charges against a nurse who worked at the Norwich Three River Healthcare nursing home. she is thought to have been exposed to the virus and continued to work without a mask. The state is filing charges against the nursing home for deficiency opf infection control and other charges relating to this. The nurses family was awaiting Covid results which eventually were positive. The nurse also tested positive later as did a LVN on the same shift.
US v Mays
Guilty
Ret Mays has admitted to murdering seven patients at the Louis Johnson VA in Clarksburg, West Virginia. She injected the patients with insulin and they died of hypoglycemia. She was a nursing aide at the hospital who was not allowed to give medications. No reason was given for the murders.
US v Hadden
Indicted
Dr. Robert Hadden, a New York gyne, was accused of sexually abusing many women and girls. He was previously accused in state court of the same thing and gave up his medical license in 2016, but got no prison time. This indictment comes from the #metoo movement . Top
Arizona v Hacienda Healthcare
Settlement
Hacienda in Phoenix has agreed to pay $11 million to settle allegations that they used single dose Synagis vials multiple time and billed each as single use. As part of this the former CEO William Timmons and the former CFO Joseph O'Malley are now indicted for the fraud.
US v Pikus
Sentenced
Aleksandr Pikus, the former manager of medical clinics in Brooklyn and Queens, was sentenced to 13 years in prison and ordered to repay $23 million to Medicare and $16 million to Medicaid as well as $433,000 to the IRS and to forfeit another $2,600,000. He paid and received kickbacks for referrals to many physicians, therapists and other medical professionals. He also hid money from the IRS.
Dayouk v Orlando Health
Filed
Dr. Ayman Daouk, an ortho, is suing his hospital for retaliation and violation of the anti-kickback laws. He accused Orland for forcing their employed physicians to only refer to Orlando physicians. He used an outside radiological service and was threatened by the system and eventually removed from the board of the Physician Associates. He was then told he could no longer work unless he agreed to certain stipulations. He had also operated at a competing hospital that was closer to one of his offices.
US v Wright
Sentenced
NP Susan Wright of Kalamazoo Michigan, was sentenced to three years probation and restitution of $462,000 and a $2500 fine. Her crime was being married to the owner of Urological Solutions and being involved in the usage of single use anorectal manomety catheters on multiple (up to 100) patients and billing for the single use.
US v Wheeling Hospital Inc.
Settlement
The West Virginia hospital agreed to pay $50 million to settle allegations that they submitted claims for procedures performed by physicians with which they had illegal financial concerns. They paid physician compensation based on volume and above fair market value. This is a whistleblower complaint from a former VP of the hospital. He will get $10 million.
US v Gustafson
Sentenced
Saffron Gustafson of Springfield, Oregon, was sentenced to 21 months for fraud. She owned several DME stores in the Portland area. She billed for huge amounts for compression articles and falsified invoices to make that happen. She was also ordered to pay $1.3 million in restitution.
US v Carolina Comprehensive Health
Network
Settlement
The healthcare practices and their owner and two managers agreed to pay $900,000 to settle allegations that they billed for unnecessary medical tests. The company is now defunct.
US v Keystone Health Plan East
& QCC Insurance Company
Settlement
The Medicare Advantage plan agreed to pay $2.25 million to settle allegations that they incorrectly calculated anticipated plan costs causing them to receive too much money. Top
American Hospital Assn. v US
Filed
The AHA is at it again. They rightfully lost when they sued previously regarding site-neutral payments and now they want the full DC Circuit hoping they will overturn the panel. Let us hope they again lose so healthcare will be more affordable for all.
National Nurses United v HCA
Filed
The union is accusing the hospital of requiring nurses to work even if Covid positive and failing to notify the nurses if they tested positive or exposed. They have made the complaint to OSHA. The hospital accuses the union of wanting more publicity to get more members.
Healthcare Workers v Dignity
Health
Settlement
A federal judge has agreed to a $950,000 settlement to resolve allegations the Dignity improperly deducted wages from the workers. Top
Patients v Cook Children's Medical
Center
To Be Filed
The hospital lost a box with radiology images of almost 2000 patients. How could this be?
Patients v Roper St. Francis
Hospital
To Be Filed
This hospital had about 6000 patient files compromised when someone gain access vial email to medical records. They found out one month after the fact. So much for security.
Russell v Kingston Hospital and
Ciox Health
Filed
The widow wants to file a malpractice action against the hospital for their radiologist missing a lung tumor on x-ray. She need the medical records to file the case but the hospital and the vendor are not giving them to her. The attorney states he has over a dozen clients who are unsuccessfully trying to get their medical records.
Patients v Moffitt Cancer Center
To Be Filed
A physician had his briefcase stolen from his car. It had the information not encrypted on over 4000 people. Terrible and inexcusable.
Patients v Baton Rouge Clinic
To Be filed
A hacker compromised over 300,000 patients when they got into the clinic's servers.
Patients v Advocate Aurora
To Be Filed
In an unusual thing this involves paper records. The hospital reported that files from almost 3000 patients were found in a health center that stopped providing services in 2018. Top
Park Ridge v Advocate Lutheran
General Hospital
Settlement
The hospital was trying to be a nice guy and not charge for parking but they ran afoul of the miserly city who collects a $0.50 tax on all parking. The hospital had to pay $1.9 million over three years to settle the reimbursement for increasing the size of their parking. They have been paying $600,000 per year since 2010. Top
Rochkind v Stevenson
Maryland App Ct
The court changed the state medical evidence standard by switching to the Daubert criteria. I understand the switch but I do not understand how a lower court can do this and not the state Supreme Court and by a 4-3 verdict as well.
Estate of King v Aprerion Care
Ind. Ct App
The Indiana appellate court stated that the contract requiring arbitration of med mal must be followed. This ruling may not allow providers to avail themselves of the state med mal Act as it does not allow the matter to go to a med review panel.
Evans Sr. v UPMC
Filed
The patient states he suffered third degree burns while in the OR at the UPMC Susquehanna Williamsport Regional Medical Center. He claims the cautery ignited the oxygen while a basal cell carcinoma was being removed from his face. He was transferred to a burn center for treatment. Get out the checkbook. Top
Massoumi v Ganju
Filed
Cyrus Massoumi is suing his former co-founders of Zocdoc for fraud. He contends that he was fired by these people whom he hired to help him build the company that offers an online platform to search for physicians and book appointments.
Foster v OHSU
Filed
Rhonda Foster was hired as an interim chief nursing officer and fired after three weeks. She states she found racial discrimination and was called an angry black woman and was told to straighten her hair. 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.