Recent Highlights

Fenton Nelson successfully defended  the owner of a physician medical group, his wife, and a physician subtenant in an action seeking temporary restraining order (TRO) and preliminary injunction, defeating both motions in their entirety.

Administrative Law Judge Sharon Turner rules for Fenton Nelson's client in a Medicare Part C Administrative Hearing against Kaiser Foundation Health Plan before the Office of Medicare Hearing Appeals.

A primary and urgent care physician was successfully exonerated of all charges in two unrelated cases, which together endangered his physician’s and surgeon’s certificate.

In July 2010, the City of West Hollywood filed suit against the owners of apartment units that are being used as "sober living" residences for people in recovery from drug- and alcohol addiction.  In September 2010, the City moved for a preliminary injunction to stop the usage.  Fenton Nelson argued that the City's motion omitted a necessary and indispensable party -- Klean W. Hollywood.  Fenton Nelson also argued that, notwithstanding the "Not in My Backyard" protests of local residents, the City failed to make a compelling case that the City was harmed by the use.  On November 30, 2010, Los Angeles Superior Court Judge Linda Lefkowitz agreed, ruling in favor of Fenton Nelson's clients and denying the City's motion.  In a related action filed by Fenton Nelson, Klean is suing the City for violating the civil rights of the residents of the apartments

An Emergency Medicine Physician’s medical license was successfully defended by Fenton Nelson Attorneys.

In what at first glance appeared to be a serious case where the Medical Board would revoke a physician’s license, Fenton Nelson’s successful defense resulted in a five-year probation that enabled the doctor to continue practicing medicine. The physician had been convicted of multiple felonies resulting from importation of unapproved drugs in violation of the Food, Drug and Cosmetic Act and federal prescription drug laws. Fenton Nelson overcame the Board’s argument that the physician was a smuggler and related allegations of unprofessional conduct by presenting evidence that the doctor brought low-cost oncology medications—with the same chemical composition as those approved by the FDA—from abroad solely to provide to patients who lacked insurance and could not afford their expensive American counterpart drugs. By highlighting the altruistic motives of a doctor who did not comprehend FDA requirements, Fenton Nelson averted the medical license revocation of a physician who had dedicated a lifetime of service to his profession without regard to patients’ ability to pay. As a result, this dedicated physician continues to provide medical services to the uninsured and other patients in his community.

In a case where Medical Board revocation of a physician's license seemed a foregone conclusion, Fenton Nelson secures a career-saving probation.

Click here for recent updates in Fenton Nelson's defense of the City of Los Angeles' lawsuit seeking to close 145 of the original entities eligible for registration under the Los Angeles Municipal Code.

September 13, 2010 -- Fenton Nelson attorneys obtained a successful result in a case involving the termination of a resident physician by a residency program.  On behalf of the resident physician, Fenton Nelson sought a court order to reverse the termination on the basis that the residency bylaws precluded the termination.  After the submission of extensive briefs and a hearing on the merits, the Judge reversed the residency program's decision in its entirety.  

Fenton Nelson successfully obtained a writ of attachment in excess of $400,000 against Los Angeles Metropolitan Medical Center (LAMMC).  The proceedings followed months of negotiations during which Fenton Nelson had attempted to persuade LAMMC to honor payment obligations to Fenton Nelson's client, an organization formerly contracted to the hospital. When negotiations broke down, Fenton Nelson lawyers sued on behalf of the client and sought a writ seeking seizure of hospital assets.  The Los Angeles Superior Court agreed that the client was entitled to provisional relief by writ of attachment.