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Health Care Law
 
Carmen Cantu v. Mission Regional Medical Center

In this health-care liability case, appellant, Carmen Cantu, appeals a summary judgment granted in favor of appellees, McAllen Medical Center (“MMC”), Mission

2

Regional Medical Center (“Mission”), Ruy Mireles-Quintanilla, M.D., Oscar Tijerina, M.D., Jorge Roque, M.D., and Rita Villanueva, M.D. By two issues, Cantu contends the trial court erred in granting: (1) appellees’ ... More...
   $0 (05-08-2014 - TX)

Navarro Hospital, L.P. d/b/a Navarro Regional Hospital v. Charles Washington and Gwendolyn Washington, each Individually and as Next Friends of Charles Donell Washington

In this appeal, appellant, Navarro Hospital, L.P. d/b/a Navarro Regional Hospital, complains about the trial court’s denial of its motion to dismiss a health-care liability claim brought by appellees, Charles Washington and Gwendolyn Washington, each individually and as next friends of Charles Donell Washington (“Donell”). In two issues, appellant challenges appellees’ expert reports as no... More...   $0 (05-08-2014 - TX)

H.E.B. Grocery Company, L.P. v. Rogelio Lopez

In the underlying pharmacy malpractice case, HEB Grocery Company, LP challenged the expert report of Dr. John W. Meyer, M.D. filed by Rogelio Lopez and moved to dismiss the case. The trial court denied HEB’s motion to dismiss, and this interlocutory appeal followed. On appeal,


04-13-00552-CV

HEB argues the trial court abused its discretion in denying the motion to dismiss becau... More...
   $0 (05-07-2014 - TX)

The University of Texas Health Science Center at Houston v. Teresa McQueen and Clarence McQueen, Jr.

In this health care liability case, appellant the University of Texas Health Science Center at Houston (“UTHSCH”) challenges on interlocutory appeal the trial court’s denial of its plea to the jurisdiction based on sovereign immunity in favor of appellees Teresa McQueen and Clarence McQueen. Concluding that the trial court erred when it denied UTHSCH’s plea to the jurisdiction, we reverse ... More...   $0 (05-06-2014 - TX)

United States ex rel. Wells v. Baptist Health System Inc. et al.

Baptist Health System Inc. (Baptist Health), the parent company for a network of affiliated hospitals and medical providers in the Jacksonville, Florida, area, has agreed to pay $2.5 million to settle allegations that its subsidiaries violated the False Claims Act by submitting claims to federal health care programs for medically unnecessary services and drugs, the Department of Justice announced ... More...   $0 (05-06-2014 - CL)

Rita Rodriguez v. Phoenix Healthcare, LLC

Rita Rodriguez v. Phoenix Healthcare, L.L.C.

Issue # 1.
Issue: WRONGFUL TERMINATION (TERMINATE)
Filed by: RODRIGUEZ, RITA
Filed Date: 11/09/2012
Party Name: Disposition Information:

Defendant: PHOENIX HEALTHCARE LLC
Disposed: DISMISSED - WITH PREJUDICE, 05/05/2014. Dismissed- Settled.

1. Plaintiff Rita Rodriguez, at all times relevant to the cl... More...
   $1 (05-05-2014 - OK)

Cung Hnin v. TOA (USA), LLC

On January 25, 2012, Cung Hnin (“Hnin”) filed a four-count Complaint against his former

2 No. 13-3658

employer TOA (USA), LLC (“TOA”) alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq., pursuant to the district court’s original jurisdiction, 28 U.S.C. § 1331, and two state law claims pursuant to the dis-trict court’s suppleme... More...
   $0 (05-05-2014 - IN)

United States of America v. Jorge Montemayor and Leticia Reyna

LAREDO, TX - Jorge Montemayor and Leticia Reyna have been ordered to prison for their convictions of failing to pay over employment taxes to the Internal Revenue Service (IRS), announced United States Attorney Kenneth Magidson. Montemayor and Reyna pleaded guilty Jan. 24, 2014, and Nov. 18, 2013, respectively.

Today, U.S. District Judge Andrew Hanen handed Montemayor a sentence of 30 months... More...
   $0 (05-02-2014 - TX)

Nagakrishna Reddy, M.D.; and New Braunfels Ob/Gyn, P.A. v. Haley Hebner and Darrin Charles Scott, Individually and as Next Friends of R. M. S., a Minor

Haley Hebner and Darrin Scott sued Nagakrishna Reddy, M.D., and others alleging that the treatment that Hebner received resulted in the death of her infant daughter, R.M.S. In addition, Hebner and Scott also brought vicarious liability claims against the medical association that Dr. Reddy belonged to, New Braunfels Ob/Gyn, P.A. (the Association). A few months after Hebner and Scott filed their sui... More...   $0 (05-02-2014 - TX)

David L. Lakey, M.D., in his Official Capacity as Commissioner of the Texas Department of State Health Services v. Floyd Taylor, by his next friend, Melissa Shearer; Gabriela Hernandez, by her next friend, Melissa Shearer; Zachary Ridgeway, by his next friend, Martin J. Cirkiel; Stanley Jackson, by his next friend, Martin J. Cirkiel et al.

Disability Rights Texas, along with nine individuals, criminal defendants who have been found incompetent to stand trial (collectively, the Plaintiffs), sought declaratory and injunctive relief against the Commissioner of the Texas Department of State Health Services, claiming that the Department’s system of prioritizing the transfer of incompetent defendants to hospitals for competency-restorat... More...   $0 (05-02-2014 - TX)

TV Azteca, S.a.B. De C.V. and Patricia Chapoy v. Gloria De Los Angeles Trevino Ruiz

In this interlocutory appeal, appellants, TV Azteca, S.A.B. de C.V. and Patricia Chapoy, challenge the trial court’s granting of a temporary anti-suit injunction prohibiting

2

appellants from pursuing a lawsuit in Mexico against appellees, Gloria de los Angeles Trevino Ruiz, individually and on behalf of her minor child, Gabriel de Jesus Trevino, and Armando Ismael Gomez Martinez. ... More...
   $0 (05-02-2014 - TX)

United States of America v. Tina Kuehl

St. Louis, MO – TINA KUEHL pled guilty yesterday to bank fraud charges involving her fraudulent statements involving payment of a bank loan. In a separate unrelated case, she and her company, Better Way Home Care, pled guilty to multiple healthcare fraud charges. Kuehl and Better Way represented on billing work sheets and claim forms that patients had received therapy services when they knew tha... More...   $0 (05-01-2014 - MO)

In re Felicity S.

Contra Costa County Bureau of Children and Family Services (the bureau) filed an amended petition pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (c),1 alleging, among other things, that Felicity S. was at substantial risk of harm due to the failure of Elizabeth V. (mother) to provide for the child’s medical and emotional needs. Felicity had been hospitalized for unco... More...   $0 (05-01-2014 - CA)

United States of America v. Michael Kelly Miller

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former owner of a Kansas City, Mo., clinic pleaded guilty in federal court today to a $3 million Medicare fraud scheme.

Michael Kelly Miller, 59, of Temple Terrace, Fla., formerly the owner of Waldo Rehabilitation Health & Wellness in Kansas City, Mo., waived his right to ... More...
   $0 (04-29-2014 - MO)

United States of America v. Sarah Harding-Huffine

TOPEKA, KS – A Manhattan woman who worked in a doctor’s office was sentenced to two years on federal probation after pleading guilty to conspiracy to unlawfully distribute prescription drugs, U.S. Attorney Barry Grissom said.

Sarah Harding-Huffine, 30, Manhattan, Kan., pleaded guilty to one count of conspiracy to unlawfully distribute prescription drugs. In her plea, she admitted that s... More...
   $0 (04-28-2014 - KS)

W.B.M. Management Company d/b/a Vivians Nursing Home v. Mary Flores

This is an interlocutory appeal in a health care liability suit.1 Appellant W.B.M. Management Company D/B/A Vivians Nursing Home (“the Home”) appeals the trial court’s order overruling its objections to an expert’s report and denying its motion to dismiss the suit. We will reverse the trial court’s order and remand the cause to the trial court for dismissal.

1 See TEX. CIV. PRAC. ... More...
   $0 (04-25-2014 - TX)

The People v. Florentino Felix Osuna

“On November 6, 2012, the voters approved Proposition 36, the Three Strikes Reform Act of 2012, which amended [Penal Code] sections 667 and 1170.12 and added [Penal Code] section 1170.126 (hereafter the Act [or Proposition 36]).[1] The Act changes the requirements for sentencing a third strike offender to an indeterminate term of 25 years to life imprisonment. Under the original version of the t... More...   $0 (04-24-2014 - CA)

Sheila Adams v. Golden Rule Service, Inc.

Appellant Sheila Adams sued her employer, appellee Golden Rule Service, Inc., for injuries she allegedly received while assisting a patient at Golden Rule’s health care facility. The trial court dismissed the case on Golden Rule’s motion, because Adams did not serve an expert report as required under the Texas Medical Liability Act (TMLA). See generally Tex. Civ. Prac. & Rem. Code §§ 74.001... More...   $0 (04-24-2014 - TX)

United States ex rel. CAF Partners et al. v. Amedisys, Inc. et al.

BIRMINGHAM - Amedisys, Inc. and its affiliates (Amedisys) have agreed to pay $150 million to the federal government to resolve allegations that they violated the False Claims Act by submitting false home healthcare billings to the Medicare program, the Department of Justice and U.S. Attorney Joyce White Vance announced today. Amedisys, a Louisiana-based for-profit company, is one of the nation’s... More...   $0 (04-23-2014 - AL)

United States of America v. Terri Arleen Marr

KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that the former director of a program that provided a home for disabled persons in Higginsville, Mo., pleaded guilty in federal court today to embezzling more than $300,000 from the organization.

Terri Arlene Marr, 51, of Warrensburg, pleaded guilty before U.S. District Judge D... More...
   $0 (04-23-2014 - MO)

United States of America v. Yolanda Nowlin

HOUSTON, TX – Yolanda Nowlin, 42, has been ordered to federal prison for 11 years following her multiple convictions in relation to a large health care fraud conspiracy, announced United States Attorney Kenneth Magidson. A federal jury in Houston convicted Nowlin Sept. 4, 2013, following seven days of trial and less than three hours of deliberations.

At the sentencing hearing late yesterd... More...
   $0 (04-23-2014 - TX)

In re the Marriage of BK and MK

Comes now BK, Petitioner, and for her Petition she states as follows:

1. Petitioner and Respondent were lawfully married in *, Missouri, on *,
1987. Their marital relation has existed since that time. The parties have two minor children, to wit:
** born *, 1999; and ** born *, 1993. Petitioner is not pregnant.

2. Petitioner is entitled to dissolution of marriage from Resp... More...
   $0 (04-20-2014 - OK)

United States ex rel. Sandra Simmons v. Health Management Associates, Inc., Durant H.M.A., LLC d/b/a Medical Center of Southeastern Oklahoma, Durant HMA Physician Management, LLC and Dan J. Castro, M.D.

Muskogee, Oklahoma - The Medical Center of Southeastern Oklahoma, located in Durant, Oklahoma, and its parent, Health Management Associates, Inc., have agreed to pay $1,065,000 to the United States and $435,000.00 to the State of Oklahoma to resolve allegations that the hospital billed SoonerCare, the Oklahoma Medicaid Program, for surgical procedures performed by Dr. Daniel Castro, and related ho... More...   $0 (04-18-2014 - OK)

Sarasota County School Board v. Kathryn Roberson

In this workers’ compensation matter, Sarasota County School Board and Optacomp, jointly the Employer/Carrier (E/C), argue that the Judge of Compensation Claims (JCC) erred for multiple reasons in awarding Kathryn Roberson, Claimant, permanent total disability benefits (PTD) benefits. Finding no error, we affirm the JCC’s order. We write, however, to address one of the E/C’s arguments—that... More...   $0 (04-16-2014 - FL)

Roger Cleveland Golf Company, Inc. v. Krane & Smith, P.C.

In this case, we address the applicable statute of limitations when an attorney is sued for malicious prosecution. Almost thirteen months after the resolution in the trial court of Sportsmark Trading, Ltd. v. Roger Cleveland Golf Company, Inc. (Super. Ct. L.A. County, 2007, No. BC365228) (the Sportsmark action), Roger Cleveland Golf Company, Inc. (RCG), the defendant therein, filed a malicious pro... More...   $0 (04-15-2014 - CA)

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