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Missouri Medical Malpractice Law

United States of America v. Chemed Corporation, Vitas Hospice Services, LLC and Vitas Healthcare Corporation

Western District of Missouri Federal Courthouse - Kansas City, Missouri

Kansas City, MO - Chemed Corp. and Vitas Hospice Services Agree to Pay $75 Million to Resolve False Claims Act Allegations Relating to Billing for Ineligible Patients and Inflated Levels of Care

Chemed Corporation and various wholly-owned subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation, have agreed to pay $75 million to resolve a government lawsuit all... More...
   $75000000 (10-31-2017 - MO)

S.M. v. Lincoln County, Missouri

Eighth Circuit Courthouse - St. Louis, Missouri

Plaintiffs S.M., L.M., K.W., and K.S. are former participants in the Adult Drug
Court of Missouri’s 45th Judicial Circuit (“Drug Court”), an alternative court
established to dispose of drug cases pursuant to Mo. Rev. Stat. §§ 478.001-.006.
Plaintiffs brought this 42 U.S.C. § 1983 damage action against Lincoln County and
other defendants, asserting that Scott Edwards, then a lieuten... More...
   $0 (10-28-2017 - MO)

United States of America v. John Mac Sells

Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - Former CEO of Benchmark Healthcare Sentenced on Health Care Fraud Charges

John Mac Sells, 53, of St. Peters, Missouri, was sentenced to 41months in prison and ordered to pay $667,201.85 in restitution.

According to court documents, between 2013 and 2016, John Sells was the chief executive officer (CEO) of Benchmark Healthcare of Festus, Inc. (Benchmark), and a nu... More...
   $0 (10-06-2017 - MO)

United States v. Eugene Dokes

Eighth Circuit Courthouse - St. Louis, Missouri

Eugene Dokes pleaded guilty to theft of United States property for knowingly
receiving four Social Security disability benefits to which he was not entitled in
December 2012 and January 2013. See 18 U.S.C. § 641. At sentencing, the district
court adopted the Presentencing Investigation 1 Report (PSR) finding that Dokes’s ongoing
theft of Social Security benefits resulted in actual ... More...
   $0 (10-05-2017 - MO)

Bradley Landreth v. Nancy A. Berryhill

Eighth Circuit Courthouse - St. Louis, Missouri

Bradley W. Landreth appeals the district court’s1 well-reasoned order affirming
the Commissioner’s determination that he is not entitled to disability insurance
1The Honorable Beth Phillips, United States District Court Judge for the
Western District of Missouri.
benefits and supplemental security income. Having jurisdiction under 28 U.S.C.
§ 1291, this court affirms.
Havin... More...
   $0 (10-06-2017 - MO)

United States of America v. George Patino

Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - Houston, Texas Man Sentenced to 40 Months and a $95,000 Fine For Smuggling Korean Human Growth Hormone Drugs to Local Patients and Professional Wrestlers

George Patino, 57, of Houston, Texas, was sentenced to 40 months of imprisonment and a $95,000 fine. Patino was previously convicted by a jury on June 8, 2017 after a three-day trial of conspiracy, distributing Human G... More...
   $0 (09-28-2017 - MO)

Thaddeus Thomas v. Mercy Hospitals East Communities d/b/a Mercy Hospital - Washington

Missouri Supreme Court - Jefferson City, Missouri

Plaintiffs appeal the judgment entered by the trial court in favor of defendant hospitals following a jury trial. Plaintiffs allege the trial court abused its discretion by failing to strike for cause prospective juror 24 because she expressed a disqualifying bias in favor of defendants under section 494.470.1.1 This Court does not agree. Prospective juror 24 did not say she had knowledge concerni... More...   $0 (08-01-2017 - MO)

United States of America v. Dr. Yev Gray

Federal Courthouse - St. Louis, Missouri

St. Luis, MO - Chicago Podiatrist Sentenced for Health Care Fraud Charges

Dr. Yev Gray was sentenced to 90 months in prison and ordered to pay $6,974,895.00 in restitution related to the submission of false reimbursement claims for non-rendered podiatric services.

According to court records, Dr. Yev Gray was the owner and president of Aggeus Healthcare, headquartered in Chicago, ... More...
   $0 (08-15-2017 - MO)

United States of America v. George Patino

Federal Courthouse - St. Louis, Missouri

St. Louis, MO - Houston, Texas Man convicted of Smuggling Korean Human Growth Hormone Drugs to Local Patients and Professional Wrestlers

George Patino, 57, of Houston, Texas, was convicted by a jury after a three-day trial of conspiracy, distributing Human Growth Hormone (“HGH”) for unauthorized medical purposes, and smuggling.

According to Court documents, under federal law, doc... More...
   $0 (06-08-2017 - MO)

United States of America v. David Carl Hayes

Federal Courthouse - Springfield, Missouri

Springfield, MO - Accountant Pleads Guilty to $3 Million Fraud Schemes

A Springfield accountant and former CPA pleaded guilty in federal court today to two embezzlement schemes totaling more than $3 million and to failing to pay more than $2 million in taxes over the past six years.

David Carl Hayes, 59, of Springfield, waived his right to a grand jury and pleaded guilty before U... More...
   $0 (06-12-2017 - MO)

United States ex rel. Holden v. Mercy Hospital Springfield, et al.

Federal Courthouse - Springfield, Missouri

Springfield, MO - Missouri Hospitals Agree to Pay United States $34 Million to Settle Alleged False Claims Act Violations Arising from Improper Payments to Oncologists

Two Southwest Missouri health care providers have agreed to pay the United States $34,000,000 to settle allegations that they violated the False Claims Act by engaging in improper financial relationships with referring phys... More...
   $34000000 (05-19-2017 - MO)

Lois Slemp v. Johnson & Johnson

St. Louis, MO - Jury Awards Plaintiff $110.5 Million In Products Case

Lois Slemp, age 62, sued Johnson & Johnson on a products liability theory claiming that she developed ovarian cancer as a direct result of using Johnson & Johnson's baby powder.

Docket Entries:

05/04/2017 Entry of Appearance Filed
Entry of Appearance for defendants Johnson & Johnson and J... More...
   $110000000 (05-06-2017 - MO)


In October 2005, Prince’s then four-year-old daughter L.P. (“Victim”) was admitted to
Children’s Mercy Hospital in Kansas City. She was unresponsive from an unknown cause and was
unable to breath effectively on her own. Victim was placed in the intensive care unit and underwent

surgery, after which she was temporarily placed on a respirator. Measurements of her weight a... More...
   $0 (04-28-2017 - MO)


In 2013, Scroggs and her husband Matthew Scroggs ("Matthew")2 were living in
Pleasant Hill, Missouri with their three children. During the summer, Matthew's mother,
Melinda Brown ("Brown") was caring for the children at her home a couple hours away
from Pleasant Hill. In early June of 2013, Brown took the three children to visit Pleasant
Hill. Brown noticed that Scroggs appe... More...
   $0 (04-05-2017 - MO)

Sharnique Jones vs. State of Missouri

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Movant gave birth to her daughter, S.J., on January 3, 2008. Between January 3 and April
7, 2008, Movant took S.J. to the hospital thirteen times for various heal... More...   $0 (03-24-2017 - MO)


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Benson was originally charged in the Circuit Court of Jackson County with two counts of
first-degree child endangerm... More...
   $0 (03-04-2017 - MO)

Nora Daniels v. Johnson & Johnson

St. Louis, MO - Jury Returns Defendant's Verdict in Talcum Powder Case

Dona Daniels, age 55, sued Johnson & Johnson on a products liability theory claiming to have developed ovarian cancer as a direct result of using talcum powder sold by Johnson & Johnson from 1978 to 2013. She was diagnosed with ovarian and uterine cancer in 2013.

03/03/2017 Trial Minutes Filed
... More...
   $0 (03-04-2017 - MO)

David and Crystal Holm v. Wells Fargo Home Mortgage, Inc. and Federal Homes Loan Mortgage Corporation (Freddie Mac)

This case arises out of the 2008 foreclosure of the family residence of David and Crystal Holm (the Holms). The Holms filed a wrongful foreclosure action against Wells Fargo Home Mortgage, Inc., for allegedly foreclosing on their home without right. They also filed a quiet title action against the Federal Home Loan Mortgage Corporation (Freddie Mac), which took title to the house after the foreclo... More...   $0 (03-02-2017 - MO)

Christina Francis v. Daniel Wieland

Ms. Christina Francis, Mother of the 11-year-old child subject to the motion to
modify custody at the core of this dispute, appeals a circuit court judgment grantin g
joint legal and joint physical custody to her and Mr. Daniel Wieland, the child’s
biological Father, and otherwise establishing a parenting plan and ordering child
support, and requiring the parties to pay their own c... More...
   $0 (03-02-2017 - MO)


Sex Offender

Ellis does not challenge the sufficiency of the evidence to support his convictions.
Viewed in the light most favorable to the convictions,1 the evidence at trial established the
M.H. ("Mother") had two daughters, V.W. (born in 2003) and M.W. (born in 2005).
Mother met Ellis shortly after M.W. was born. Mother and Ellis married in 2008. While
married, Ellis... More...
   $0 (12-31-2016 - MO)


We reiterate the facts in State of Missouri v. Victoria Smith, ED103039, 2016 WL 4527588 (“Smith I”),2 in that they are similar to this appeal. The following facts, when viewed in the light most favorable to the verdict, were presented at trial:

Smith lived with Wife and their six children, including their six-year-old son, Victim.
Victim is a child on the autism spectrum. Deondus T... More...
   $0 (12-21-2016 - MO)

Chaddy Brooks a/k/a Chaddy Mae Brooks a/k/a Chaddy M. Brooks v. State of Mississippi

On the morning of November 22, 2013—while Brooks’s boyfriend, Danielle Gore,
was in the bathroom—Brooks looked through his cell phone and found text messages from
another woman. Brooks confronted Gore, and the confrontation became physical, ending
with Brooks stabbing Gore in the neck with a kitchen knife.
The 911 Call
¶3. Brooks called 911 and told the operator that, when she... More...
   $0 (11-23-2016 - MO)

United States of America v. Michael A. Tucker

Kansas City, MO - Man Sentenced for Fraud Scheme to Overcharge Medicaid, Medicare at Four Clinics

A Springfield, Mo., man who operated four Family Medical Center clinics in southern Missouri was sentenced in federal court for health care fraud.

Michael A. Tucker, 47, of Springfield, was sentenced by U.S. District Judge Gary A. Fenner to one year and one day in federal prison. The... More...
   $54273 (10-06-2016 - MO)

State of Missouri vs. Sheena Marr

On August 20, 2014, between 8:00 and 10:00 p.m., Higginsville Police Officer Danny
Logan (a K9 unit narcotics officer) received a dispatch indicating that there was a stranded motorist
on Highway 13, just south of I-70. When Officer Logan located the vehicle, he activated his
emergency lights for safety reasons, ran the vehicle’s Kansas license plate, and then approached
the v... More...
   $0 (09-15-2016 - MO)

Jefferson City Apothecary, LLC d/b/a Jefferson City Apothecary and Uldis Pironis, R.Ph. vs. Missouri Board of Pharmacy

Jefferson City Apothecary, LLC (“Apothecary”) and Mr. Uldis Pironis (“Pironis”) appeal
the judgments of the Circuit Court of Cole County (“circuit court”) affirming the joint decisions
of the Administrative Hearing Commission (“AHC”) and the Missouri Board of Pharmacy
(“Board”), which decisions found cause to discipline and imposed discipline on the Apothecary’s
pharmacy permit... More...
   $0 (09-15-2016 - MO)

State of Missouri v. Katie Sprock

Union, MO - Jury Finds Motorist Guilty of Third-Degree Assault

The State of Missouri charged Katie Sprock, age 26, with third-degree assault, a Class A misdemeanors, arising out of a motor vehicle accident involving a MoDot vehicle in a work zone.

Section 565.083 for the Revised States of Missouri (RSMo) provides:

Until December 31, 2016--Assault of a law enforcement of... More...
   $0 (08-21-2016 - MO)

Samantha Jenkins v. City of Jennings, Missouri

St. Louis, MO - Missouri City Settles Debtors' Prison Civil Rights Violation Claims

Samantha Jenkins and others sued The City of Jennings on civil rights violation theories claiming:

1. The Plaintiffs in this case are each impoverished people who were jailed by the City
of Jennings because they were unable to pay a debt owed to the City from traffic tickets or other
minor... More...
   $4700000 (07-17-2016 - MO)

State of Missouri vs. Chad Daniel Terry Jr.

On the evening of October 29, 2013, Erik Schwartz ("Schwartz") was in the
process of moving into his mother's residence in Independence, Missouri. He spent the
evening unloading his belongings from his SUV. At approximately 1:00 a.m. on October
30th, Schwartz's mother went outside her home and asked Schwartz to turn off his SUV
and come into the house. Schwartz responded tha... More...
   $0 (07-12-2016 - MO)

Ronald Malam vs. State of Missouri, Department of Corrections

Mr. Malam was employed by the Missouri Department of Corrections
(employer) as a corrections officer. While at work, Mr. Malam executed a
“takedown” on an uncooperative inmate. Mr. Malam initially experienced only an
adrenaline rush. As he escorted the inmate to his housing unit, Mr. Malam
became short of breath and began spitting up blood. Mr. Malam was taken by
ambul... More...
   $0 (06-28-2016 - MO)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

State of Missouri vs. Jason R. Shell

In January 2012, Defendant and James Eyman (Decedent) were planning to buy heroin.
In text messages, Decedent told Defendant that he had $40 to put toward the purchase.
Combined with Defendant’s $30, the men were able to purchase seven doses of heroin.
Defendant contacted his heroin dealer and purchased all $70 worth of heroin, to be paid back by
Decedent when they met up la... More...
   $0 (05-31-2016 - MO)

State of Missouri vs. Markus Michael A. Patterson

Mr. Markus Michael A. Patterson appeals his conviction for the class D felony
of tampering with physical evidence, for which he was sentenced as a prior and
persistent offender to six years in the Department of Corrections. We affirm.
Viewing the evidence in the light most favorable to the conviction, Marshall,
Missouri, Police Officer Joey Valiquette1 stopped Mr. Patterson o... More...
   $0 (05-12-2016 - MO)

State of Missouri vs. Milas W. Morse

In June 2013, the State charged Morse, as a persistent offender, with one count of first
degree assault, serious injury (§ 565.050, RSMo1) and one count of armed criminal action
("ACA") (§ 571.015.1), for knowingly stabbing Trenton George with a dangerous instrument,
causing serious physical injury. 1Statutory references are to the Re... More...
   $0 (05-12-2016 - MO)

State of Missouri vs. Richard L. Evans

The sufficiency of the evidence to support Evans's conviction is not in
dispute. In the summer of 2011, the victim, a 13-year-old girl, was living with her
mother and Evans, who was her stepfather. One day in July 2011, while the
victim's mother was at work, Evans called the victim into his room so that she
could say good night to him. When she came in, Evans pushed her so t... More...
   $0 (05-04-2016 - MO)

State of Missouri vs. Derek T. Hubbard

On November 11, 2011, 17-year-old Allen Richardson ("Allen")3 was at home
with his father and mother, Carlos Richardson ("Mr. Richardson") and Mary Richardson
("Mrs. Richardson"). Stephanie Brown ("Brown"), Mr. Richardson's cousin, and her
friend Jackie Kincy ("Kincy") came to the Richardsons' home that evening, and the adults
were drinking, dancing, and listening to music. A... More...
   $0 (05-04-2016 - MO)

Gloria Ristesund v. Johnson and Johnson Company

St. Louis, MO - Johnson & Johnson Loses Another Baby Powder Case

Gloria Ristesund, age 61, sued Johnson and Johnson on a products liability theory claiming that the Baby Powder and Shower to Shower products that she purchased and used for years was defective and unreasonably dangerous and caused her to develop ovarian cancer.

Ms. Ristesund, 62, was diagnosed with ovarian cancer i... More...
   $55000000 (05-03-2016 - MO)

State of Missouri vs. David E. Smith

On July 1, 2013, Defendant was charged with the above crimes for his alleged
involvement in an incident involving Florentino Marquez Tellez (“Victim”). Defendant was
tried by a jury on November 3-7, 2014, and he does not challenge the sufficiency of the evidence
to support his convictions.
A. Evidence Presented at Defendant’s Jury Trial
Viewed in the light most favorab... More...
   $0 (04-06-2016 - MO)

Richard D. Davis vs. State of Missouri

In May 2006, police discovered Spicer’s body in a shallow grave in Lafayette
County. Movant was identified as a suspect in that investigation. Search warrants
executed on Movant’s apartment and workplace recovered numerous items, including a
video camera and several videotapes. The videotapes depicted Movant and his girlfriend
repeatedly physically and sexually assaulting Sp... More...
   $0 (04-06-2016 - MO)

State of Missouri vs. Tawanda Kunonga

Kunonga does not challenge the sufficiency of the evidence to support his
convictions of murder in the first degree and armed criminal action. We view the
evidence in the light most favorable to the verdict. State v. Driskill, 459 S.W.3d 412, 423
(Mo. banc 2015).
Latoya Hopkins ("Hopkins") was found dead in her home on June 15, 2010. She
had been brutally beaten and s... More...
   $0 (03-29-2016 - MO)

State of Missouri vs. S.F.

Defendant was told that she tested positive for HIV in 2003. At that time, she
received counseling from her physician regarding the consequences of having HIV.
Several years later, Defendant engaged in sexual intercourse with Victim. She did not
disclose to Victim that she was HIV positive before having sexual intercourse with him.
Defendant was charged with the class A fel... More...
   $0 (03-15-2016 - MO)

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