Law firm sues ex-partner, alleging he billed client for $2.3M in fictional work

"A New York law firm sued a former partner Tuesday, contending that he billed a corporate client $2.3 million over an eight-year period for “nonexistent work on cases that had already been terminated and/or never existed.”
David Denenberg also sought reimbursement for $800,000 in nonexistent expenses, Davidoff Hutcher & Citron contends in its Manhattan Supreme Court lawsuit. Alleging that Denenberg also drafted fake court orders and forged judges’ signatures to support his alleged fraudulent scheme, the firm is seeking reimbursement of the $3.6 million he was paid between 2006 and 2014, according to the New York Daily News and Newsday (sub.req.).
The firm says it referred the matter to the U.S. Attorney’s office in Brooklyn after firing Denenberg. The office declined requests for comment." More.

Originally posted Sep 23, 2014 on ABA Journal News by Martha Neil

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A large law firm's internal emails boasting excessive hourly billing are discovered during a billing dispute

This was posted from ABA Journal Law News
March 25, 2013 by Martha Neil

Retained by energy entrepreneur Adam H. Victor in April 2010 to prepare the Chapter 11 filing for one of his companies, DLA Piper ran up a very large bill.

 Victor refused to pay it, so DLA Piper law firm sued him for $675,000. Victor defended aggressively, not only filing a counterclaim over what he alleged was a “sweeping practice of overbilling" on the megafirm's part but discovering some 250,000 pages of documents, according to the DealBook page of the New York Times.

Among the documents were copies of email in which lawyers, a number of whom no longer work for DLA Piper, lightheartedly discuss the rapidly growing bill for Victor's company, Project Orange Associates, which operated a Syracuse, N.Y., power plant, the article recounts.
The emails are included in a copy of an affidavit filed Thursday in the Manhattan Supreme Court case, to which a link is provided by the New York Times (reg. req.).

“I hear we are already 200k over our estimate—that’s Team DLA Piper!” wrote then-DLA Piper partner Erich P. Eisenegger in one email.

After another lawyer responded, noting that an attorney colleague, whose first name is Vince, had been added to the group working on the bankruptcy matter, then-DLA Piper attorney Christopher Thomson added his thoughts: “Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode," wrote Thomson. “That bill shall know no limits.”
Eisenegger, who now works at another law firm, did not respond to a request for comment from the Times and Thomson, who works for the government, declined to comment.

A spokesman for DLA Piper told the newspaper initially that the law firm doesn't comment on pending litigation. However, they later released a statement saying that "the emails were in fact an offensive and inexcusable effort at humor, but in no way reflect actual excessive billing."

Victor's lawyer, Larry Hutcher of Davidoff Hutcher & Citron, amended the counterclaim against DLA Piper last week, adding a fraud claim and a request for $22.5 million in punitive damages.

The above illustrates why clients, large and small, are increasingly insisting on flat rate retainer agreements and on "value-based" billing.

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Fraud, false claims act, arbitration, nursing homes, medical negligence and tossed oriental vegetables with garlic croutons

OBAMA ADMINISTRATION LAUNCHES 'COMMUNITY LIVING' INITIATIVES, 12 No. 1 Andrews Nursing Home Litig. Rep. 3, Andrews Nursing Home Litigation Reporter July 2, 2009
The Obama administration has proclaimed this the "year of community living" by launching initiatives to help disabled Americans find home- and community- based alternatives to institutionalization in nursing homes. The announcement came on the 10th anniversary of the U.S. Supreme Court's landmark decision in Olmstead v. L.C., 527 U.S. 581 (1999), which held that the unnecessary institutional segregation of disabled people constitutes discrimination under the Americans with Disabilities Act

UNSEALED SUIT TOSSED IN FALSE CLAIMS ACT CASE, United States v. LHC Group, 12 No. 1 Andrews Nursing Home Litig. Rep. 8, Andrews Nursing Home Litigation Reporter July 2, 2009 A federal judge in Tennessee has dismissed with prejudice a whistle-blower suit against a home health care business because the plaintiff's attorney failed to file the complaint under seal as required by the False Claims Act. U.S. District Judge Thomas A. Wiseman Jr. said his decision to toss the case was supported by the plain language of the FCA, 31 U.S.C. 3729, and by case law, including United States ex rel. Erickson v. American Institute of Biological Sciences, 716 F. Supp. 908, 910

UNAVAILABLE FORUM VOIDS ARBITRATION PACT, Grant v. Magnolia Manor-Greenwood, 12 No. 1 Andrews Nursing Home Litig. Rep. 6, Andrews Nursing Home Litigation Reporter July 2, 2009 An arbitration agreement between a nursing home and a resident is not enforceable because the organization designated to handle the proceedings no longer accepts such cases, the South Carolina Supreme Court has ruled. The high court unanimously ruled that the American Health Lawyers Association as the arbitration forum was an "integral part" of the agreement.The ruling means James O. Grant may continue to litigate his wrongful-death lawsuit

NURSING HOME MORTGAGOR CHEATED HUD ON LOANS; SUIT SEEKS $77 MILLION, United States v. Capmark Fin., 12 No. 1 Andrews Nursing Home Litig. Rep. 9, Andrews Nursing Home Litigation Reporter July 2, 2009 A mortgage banking company allegedly lied to the U.S. Department of Housing and Urban Development on loan insurance applications for two nursing home customers, causing the government to lose nearly $26 million when the homes defaulted. The government is seeking $77 million in treble damages from Capmark Finance Inc. under the False Claims Act, 31 U.S.C. 3729. The company was one of the nation's largest originators of HUD-insured loans, according to the complaint.

PARENTS WIN FIRST VERDICT AGAINST DUPONT IN PEDIATRIC HEART SURGERY CASES, Svindland v. Nemours Found., 5 No. 3 West's Medical Malpractice Law Report 1, West's Medical Malpractice Law Report July 2, 2009 A federal jury in Philadelphia has returned a $650,000 verdict for parents who say a cardiac surgeon at A.I. duPont Hospital for Children committed malpractice when he performed experimental surgery on their infant son, causing his death. The verdict was the first in favor of any plaintiffs in some 20 cases filed against the Delaware hospital and former chief cardiac surgeon William I. Norwood since 2004. Ten of the cases remain pending.

VERMONT TIGHTENS RULES ON GIFTS FROM DEVICE, DRUG COMPANIES, 5 No. 3 West's Medical Malpractice Law Report 3, West's Medical Malpractice Law Report July 2, 2009
Vermont Gov. Jim Douglas has signed into law a bill that will tighten state regulations involving gifts to health care providers by makers of "prescribed products" like drugs and medical devices. The state Legislature approved the measure, S. 48, with strong bipartisan support, by a 99-40 House vote and a 137-4 tally in the Senate. It took effect July 1. The new law removes loopholes in the state's current physician gift reporting system.

MOM ADDS ER NURSE, ILLINOIS HOSPITAL TO CIVIL RIGHTS SUIT, Lopez v. Village of Carpentersville, 5 No. 3 West's Medical Malpractice Law Report 4, West's Medical Malpractice Law Report July 2, 2009
An Illinois hospital and a registered nurse have been added as defendants in a federal lawsuit alleging paramedics refused to take a baby to the emergency room because he is Hispanic. The delay in care left the boy with permanent brain damage, plaintiff Gloria Lopez says. Lopez amended her complaint in the U.S. District Court for the Northern District of Illinois to name Sherman Hospital and ER nurse Jenny Lentz.

NURSES CAN GIVE EXPERT MEDICAL OPINIONS, PA. HIGH COURT SAYS, Freed v. Geisinger Med. Ctr., 5 No. 3 West's Medical Malpractice Law Report 5, West's Medical Malpractice Law Report July 2, 2009
Noting it is "loath to reverse our own prior decisions," the Pennsylvania Supreme Court has done just that after finding an earlier ruling that precluded nurses from offering medical opinions when testifying as experts conflicted with the state's "liberal standards" for expert testimony. The June 15 decision means that a paralyzed man can have his day in court in a lawsuit alleging inadequate nursing care led to his bedsores.

COURT UPHOLDS JUDGMENT ON 'REASONABLE' MEDICAL CHARGES, Strawn v. Farmers Ins. Co., 5 No. 3 West's Medical Malpractice Law Report 7, West's Medical Malpractice Law Report July 2, 2009
An Oregon appeals court has upheld a multimillion-dollar jury award in a class action over personal injury protection payouts, finding that the insurance companies' method of determining "reasonable" medical charges breached the policies. According to the opinion, Mark Strawn filed the underlying class-action lawsuit against Farmers Insurance Co. of Oregon, Mid-Century Insurance Co. and Truck Insurance Exchange.Strawn alleged the insurers used cost-containment software to determine "reasonable" medical charges.

Fees incurred in non-binding arbitration -- Party is not required to plead entitlement to attorney's fees incurred during court-ordered, nonbinding arbitration conducted pursuant to section 44.103 because it is only after case has been terminated that a party can determine whether fee-shifting provision of statute has become effective and, if so, file an appropriate motion seeking entitlement to fees -- Even if law had required defendants to plead claim for attorney's fees pursuant to section 44.103, plaintiff waived that argument by not objecting, either before or after entry of final judgment, although defendants sent plaintiff a proposed final judgment stating that trial court would reserve jurisdiction to consider defendants' motion to tax fees and costs pursuant to section 44.103, filed a motion for entitlement to attorney's fees based upon plaintiff's rejection of arbitrator's decision, and sent plaintiff a proposed order granting the motion
Reported at 34 Fla. L. Weekly D1344a

Hospital consent form indicating that surgeons were independent contractors did not, standing alone, conclusively refute apparent agency relationship between hospital and surgeons -- Further, trial court erred in failing to require hospital to properly lay predicate for business records exception to hearsay before admitting consent form into evidence -- Remand to provide hospital with opportunity to attach affidavit laying proper predicate for business records exception -- Parties may submit additional record evidence in support of or in opposition to summary judgment under apparent agency theory, and thereafter, trial court may reevaluate whether genuine issues of material fact exist on this issue
Reported at 34 Fla. L. Weekly D1349a

ACE, AIG FACE SUIT FOR REFUSING TO COVER FULL SETTLEMENT COSTS, Experian Info. Solutions v. Ill. Union Ins. Co., 19 No. 39 Andrews Ins. Coverage Litig. Rep. 6, Andrews Insurance Coverage Litigation Reporter July 2, 2009 A credit reporting agency has sued its insurers for refusing to cover costs and attorney fees incurred in connection with the settlement of two class- action lawsuits against it. Experian Information Solutions, which specializes in consumer and business credit reporting and marketing services, says ACE and American International Group are in breach of contract by refusing to pay for any settlement that includes an attorney fee award and related costs.

Subprime: AIG CAN'T MAKE CO-CONSPIRATORS HELP PAY FOR FRAUD, AIG Consol. Derivative Litig., 19 No. 39 Andrews Ins. Coverage Litig. Rep. 8, Andrews Insurance Coverage Litigation Reporter July 2, 2009
Troubled insurance titan AIG cannot sue brokers and reinsurers that allegedly helped it defraud investors of $5 billion with bid-rigging, phantom deals and fake reinsurance schemes, a Delaware state court judge has ruled. Vice Chancellor Leo Strine said the in pari delicto doctrine bars AIG and its former officers and directors from trying to force insurance broker Marsh & McLennan Cos. and other alleged co-conspirators to help pay for any future judgment or settlement that shareholder plaintiffs.

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Fresh green mix of healthy law

Approved by the Governor June 16, 2009.
2009 Fla. Sess. Law Serv. Ch. 2009-193 (C.S.C.S.S.B. 2658) (WEST)
PUBLIC HEALTH--STATE FUNDED PROGRAMS--FRAUD
Approved by the Governor June 16, 2009.
An act relating to fraud and abuse in state-funded programs; designating Miami-Dade County as a health care fraud area of special concern for certain purposes; amending s. 68.086, F.S.; authorizing rather than requiring a court to award attorney's fees and expenses to a prevailing defendant in an action brought under the Florida False Claims Act under certain circumstances; providing applicability; creating s. 408.8065, F.S.; providing additional licensure requirements for home health agencies, home medical equipment providers, and health care clinics; requiring the posting of a surety bond in a specified minimum amount under certain circumstances; imposing criminal penalties against a person who knowingly submits misleading information to the Agency for Health Care Administration in connection with applications for certain licenses; amending s. 400.471, F.S.; providing limitations on the licensure of home health agencies in certain counties. . .

Health Insurance: GA. UROLOGY CENTER SAYS INSURER UNDERPAYS OUT-OF-NETWORK CLAIMS, Urology Ctr. of Ga. v. Blue Cross Blue Shield, 19 No. 38 Andrews Ins. Coverage Litig. Rep. 7, Andrews Insurance Coverage Litigation Reporter June 26, 2009
A urology center in Georgia has filed a class-action lawsuit accusing Blue Cross Blue Shield of discouraging visits to out-of-network providers by reimbursing for these procedures at a "tiny fraction" of usual and customary charges. The suit alleges Blue Cross Blue Shield of Georgia is violating the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, by trying to prevent patients from exercising their right to visit out-of-network providers.

Health Insurance: BLUE SHIELD DENIES COVERAGE FOR MENTALLY ILL KIDS, SUIT SAYS, Daniel F. v. Blue Shield of Cal., 19 No. 38 Andrews Ins. Coverage Litig. Rep. 8, Andrews Insurance Coverage Litigation Reporter June 26, 2009
Blue Shield of California is facing a class-action lawsuit alleging it denies state-mandated coverage for seriously emotionally disturbed children and adolescents. The lead plaintiff, identified only as Daniel F. in the complaint, says the insurance company denied coverage for his adopted son's residential psychotherapy at the Island View Residential Treatment Center for Adolescents in Utah.

Medical Malpractice (Scientific Research): JUDGE EXCLUDES EXPERT ON MORTALITY RATES IN DUPONT HOSPITAL CASES, Svindland v. Nemours Found., 6 No. 7 Andrews Expert & Sci. Evidence Litig. Rep. 7, Andrews Expert and Scientific Evidence Litigation Reporter June 25, 2009
The judge presiding over two of the remaining eight lawsuits against the A.I. DuPont Hospital for Children and former chief cardiac surgeon William I. Norwood has excluded a plaintiff's expert who would have compared the death and complication rates of Norwood's surgeries to those of other pediatric heart surgeons. U.S. District Judge Mary A. McLaughlin also excluded all data from the Delaware Health Statistics Center and two nationally known children's hospitals.

Product Liability (Causation): PAIN-PUMP MAKER SEEKS JUDGMENT IN FLA. SUIT, Kilpatrick v. Breg Inc., 6 No. 7 Andrews Expert & Sci. Evidence Litig. Rep. 10, Andrews Expert and Scientific Evidence Litigation Reporter June 25, 2009
Medical device maker Breg Inc. has moved for summary judgment in a Florida man's liability suit over harm allegedly caused by its Pain Care 3000 pain pump, saying the plaintiff lacks the needed causal evidence. With a trial slated for July 6 in the U.S. District Court for the Southern District of Florida, Breg argues that Douglas Kilpatrick's suit must be dismissed because the evidence he has offered fails to show both general and specific causation as required by state law.

Bad Faith: INSURER'S BAD FAITH DID NOT HARM INSURED, WASH. COURT SAYS, Ledcor Indus. v. Mut. of Enumclaw Ins. Co., 19 No. 38 Andrews Ins. Coverage Litig. Rep. 9, Andrews Insurance Coverage Litigation Reporter June 26, 2009
A state appeals panel in Seattle has upheld a trial court's refusal to award damages for an insurer's bad faith in failing to promptly accept a general contractor's tender of defense as an additional insured on a subcontractor's policy. The general contractor was not entitled to bad-faith damages because it ultimately received what it was due under the contract and suffered no harm from the insurer's bad faith, Washington's Division 1 Court of Appeals said.

Disability: EMPLOYER'S FAILURE TO FOLLOW PLAN MEANS $213K REINSTATEMENT AWARD, Pannebecker v. Liberty Life Assurance Co., 19 No. 38 Andrews Ins. Coverage Litig. Rep. 4, Andrews Insurance Coverage Litigation Reporter June 26, 2009
An Arizona woman deserves reinstatement of her $213,000 benefits award because her insurer failed to properly apply the terms of a long-term- disability plan when deciding to cut off her monthly payments, according to a federal judge. U.S. District Judge James Teilborg of the District of Arizona said he agreed that Nancy Pannebecker was no longer totally "disabled" under the terms of the plan but that the insurer was required to specify the sedentary positions Pannebecker could perform.

Disability: INSURER FAILED TO REVIEW DISABLED WOMAN'S DENIAL OF BENEFITS, Roach v. Kaiser Permanente Long Term Disability Plan, 19 No. 38 Andrews Ins. Coverage Litig. Rep. 5, Andrews Insurance Coverage Litigation Reporter June 26, 2009
A California insurer improperly ruled that a plan member was not eligible for long-term disability benefits as it failed to comply with the terms of the plan, which required it to review her appeal, a Los Angeles federal judge has ruled. Plaintiff Patricia Roach went out on disability in September 2004 from her job as a project manager/ambulatory care registered nurse manager after developing chest pains, back spasms, uncontrolled high blood pressure and other physical symptoms.

Failure to Settle: GEORGIA CLARIFIES 'BAD-FAITH FAILURE TO SETTLE' CIRCUMSTANCES, Trinity Outdoor v. Cent. Mut. Ins. Co., 19 No. 38 Andrews Ins. Coverage Litig. Rep. 6, Andrews Insurance Coverage Litigation Reporter June 26, 2009
A policyholder cannot sue an insurer for bad-faith failure to settle a lawsuit unless the insurer's decision not to settle results in a judgment or settlement in excess of the policy limits, the Georgia Supreme Court has ruled. The U.S. District Court for the Northern District of Georgia certified the question to the state high court along with a follow-up question: If a judgment in excess of the policy limits is not required, what must a plaintiff show to prove negligent or bad-faith failure to settle.


Administrative law -- Birth-Related Neurological Injury Compensation Association -- Settlement -- Clarification -- Division of Administrative Hearings did not have jurisdiction to enter orders purportedly clarifying 1995 and 1999 final orders which approved stipulations settling parents' claims for NICA benefits -- Moreover, appealed orders did not appear to clarify anything about 1995 and 1999 final orders -- Attorney's fees -- Remand for reconsideration of order denying parents' motions for fees and costs -- Expenses incurred by parents in defending against NICA's untimely efforts to seek clarification of 1995 and 1999 final orders were incurred in connection with the filing of their claims for benefits and, accordingly, on remand administrative law judge should award parents their reasonable expenses incurred in this matter pursuant to section 766.31(1)(c) -- Where ALJ struck parents' section 57.105 motions for attorney's fees on basis that they were prematurely filed, and parents claim that they did not file motions with Division of Administrative Hearings, that they have in their possession the original motions, that they provided copies of the motions to NICA and others, and that it appears that someone else filed copies of the motions with DOAH, on remand, to extent parents continue to seek fees and costs under section 57.105, evidentiary hearing may be required to determine whether parents complied with procedural requirements of statute -- In light of appellate court's reversal of clarification orders, whether parents are entitled to fees and costs under section 120.569(2)(e) to be reconsidered on remand, should parents still seek fees and costs under that statute, where motions were denied on basis that ALJ had granted NICA's motions for clarification
Reported at 34 Fla. L. Weekly D1275a

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On Today’s Menu: some recent health law specials

Congress Introduces Congressional Resolution To Ensure That Any National Health Care Reform Legislation Directly Addresses The Health Needs Of Women, 16 No. 11 Andrews Health L. Litig. Rep. 8, Andrews Health Law Litigation Reporter March 25, 2009
U.S. Sen. Debbie Stabenow, D-Mich., has introduced a congressional resolution to ensure that any national health care reform legislation directly addresses the health needs of women. The Feb. 12 resolution calls on Congress to pass a reform bill within 18 months that guarantees health care coverage for women and families. On the same day, U.S. Rep. Jan Schakowsky, D-Ill., introduced an identical resolution in the House. "Women are the gatekeepers of their families' health," Stabenow said.

Legislation: Both Houses Of Congress Have Introduced Joint Bills To Reverse A Key U.S. Supreme Court Medical Device Ruling, 16 No. 11 Andrews Health L. Litig. Rep. 1, Andrews Health Law Litigation Reporter March 25, 2009
Members of both houses of Congress have introduced joint bills to reverse a key U.S. Supreme Court decision that barred patients injured by medical devices from suing for damages in state court. Last year the nation's highest court ruled in an 8-1 decision that a 32-year- old federal regulation shields medical device makers from liability under state laws in suits claiming injury from devices that received Food and Drug Administration approval. Riegel et al. v. Medtronic Inc.

Consumer Protection: Extendicare Wins Dismissal Of Fraud Class Action, Bernstein v. Extendicare Health Servs., 16 No. 11 Andrews Health L. Litig. Rep. 2, Andrews Health Law Litigation Reporter March 25, 2009
A federal judge has dismissed a class-action lawsuit accusing nursing home operator Extendicare Health Services of using false and deceptive advertising to attract prospective residents while providing substandard care at its Minnesota facilities. The U.S. District Court said the false-advertising statements alleged by plaintiff Laura Bernstein constituted mere "puffery" and could not be the basis for a consumer protection action.

EMTALA: Family Loses Bid To Sue Hospital Failing To Properly Screen And Stabilize A Man Who Later Died From A Drug Overdose, Cintron v. Pavia Hato Rey Hosp., 16 No. 11 Andrews Health L. Litig. Rep. 3, Andrews Health Law Litigation Reporter March 25, 2009
A federal judge in Puerto Rico refused to reconsider a decision in favor of a hospital accused of failing to properly screen and stabilize a man who later died from a drug overdose. The family of Luis Valentn-Cintr"n sued Pavia Hato Rey Hospital for violating the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd.Denying the family's bid to reopen the case, the U.S. District Court affirmed his prior finding that no emergency condition existed at that time.

Health Care Fraud: U.S. Government Has Joined Two San Francisco Federal Court Whistle-Blower Suits Against J&J Subsidiary, United States v. Scios Inc., 16 No. 11 Andrews Health L. Litig. Rep. 4, Andrews Health Law Litigation Reporter March 25, 2009
The U.S. government has joined two San Francisco federal court whistle-blower suits accusing Johnson & Johnson subsidiary Scios Inc. of illegally selling its breathing drug Natrecor for unapproved uses. Former Scios sales managers turned whistle-blowers Joe Strom and Jeffrey A. Smith filed separate suits in 2005 in the U.S. District Court for the Northern District of California. Both suits alleged violations of the False Claims Act, 31 U.S.C. 3729.

HIPAA: CVS Caremark Has Agreed To Pay $2.25 Million To Settle Charges That It Violated Federal Privacy Regulations, In re CVS Caremark Corp., 16 No. 11 Andrews Health L. Litig. Rep. 5, Andrews Health Law Litigation Reporter March 25, 2009
CVS Caremark has agreed to pay $2.25 million to settle charges that it violated federal privacy regulations when pharmacy employees threw out prescription records and drug bottles into open trash bins. The settlement resolves a joint investigation by the U.S. Department of Health and Human Services and the Federal Trade Commission prompted by 2006 media reports that Dumpsters behind certain CVS pharmacies contained pill bottles with patients' names, Social Security numbers and insurance information.

HIPAA: Defendants Get Access To Asbestos Claimants' Medical Records, In re Asbestos Prods. Litig., 16 No. 11 Andrews Health L. Litig. Rep. 6, Andrews Health Law Litigation Reporter March 25, 2009
Medical records related to the diagnosis of asbestos-related conditions used by plaintiffs in the asbestos multidistrict litigation are discoverable by the defendants, the federal court overseeing the cases has ruled. Doctors had argued that releasing the records, including X-rays and pulmonary function tests, would violate patients' privacy rights under the Health Insurance Portability and Accountability Act, 110 Stat. 1936.The multidistrict litigation is a consolidation of all federal asbestos cases.

Hospital Billing: Hospital In Missouri Is Facing A Class-Action Complaint Alleging It Charges Emergency Room Rates For Non-Emergency Care, Donley v. St. Luke's Health Corp., 16 No. 11 Andrews Health L. Litig. Rep. 7, Andrews Health Law Litigation Reporter March 25, 2009
A hospital in Missouri is facing a class-action complaint alleging it charges emergency room rates for non-emergency care. Michael Donley claims in a state court lawsuit that St. Luke's Health Corp. billed him $250 in emergency room rates for care he received in one of the hospital's urgent care centers, filed in the St. Louis County Circuit Court.


Medicare: U.S. Has Moved To Dismiss A Proposed Class-Action Suit, Saying Retirees Have No Standing For Medicare Challenge, Hall v. Johnson, 16 No. 11 Andrews Health L. Litig. Rep. 9, Andrews Health Law Litigation Reporter March 25, 2009
The federal government has moved to dismiss a proposed class-action suit accusing the Department of Health and Human Services of illegally denying retirees their rightful Social Security benefits because they wish to opt out of Medicare. Plaintiffs Brian Hall, Lewis Randall and Norman Rogers allege that HHS and the Social Security Administration told them they would lose the thousands of dollars they had paid into Social Security over the years if they did not enroll in the federal health care.

State Services: JUDGE WON'T TOSS SUIT ON CARE OPTIONS FOR NYC'S MENTALLY ILL, Disability Advocates v. Paterson, 16 No. 11 Andrews Health L. Litig. Rep. 10, Andrews Health Law Litigation Reporter March 25, 2009
An advocacy organization may pursue its lawsuit alleging that mentally disabled New York City residents are unnecessarily institutionalized in "adult homes" because the state fails to provide community-based alternatives, a federal judge has ruled. In an exhaustive 112-page opinion, U.S. District Judge Nicholas G. Garaufis found, among other things, that Disability Advocates Inc.'s claims fall squarely within Title II of the Americans with Disabilities Act, 42 U.S.C. 12132.

Surgical Error: FLA. WOMAN SUES OVER BUNGLED COLOSTOMY PROCEDURE, Timmerman v. Kasemsap, 16 No. 11 Andrews Health L. Litig. Rep. 11, Andrews Health Law Litigation Reporter March 25, 2009
What should have been a routine colostomy reversal turned into a nightmare for a Florida woman whose state court lawsuit alleges the procedure resulted in her rectum being connected to her vagina. Lori A. Timmerman sued Dr. Pachavit Kasemsap and his employer, Surgical Associates of North Florida, in the St. Johns County Circuit Court. According to the complaint, Kasemsap negligently performed a colostomy reversal.

Wrongful Death: DOCTORS KILLED MAN TO HARVEST ORGANS, FAMILY SAYS, Jacobs v. Ctr. for Organ Recovery & Educ., 16 No. 11 Andrews Health L. Litig. Rep. 12, Andrews Health Law Litigation Reporter March 25, 2009
The parents of an 18-year-old man who suffered brain damage in a snowboarding accident say two doctors at a Pennsylvania hospital "intentionally killed" him to harvest his vital organs, according to a wrongful-death suit filed in federal court. Michael and Teresa Jacobs, of Belleview, Ohio, say their son Gregory died after doctors at Hamot Medical Center in Erie prematurely removed his breathing tube even though he had not suffered brain or cardiac death.

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