Recent Highlights

October 1, 2010 -- 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.

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 sough 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.

February 4, 2010 -- Fenton Nelson attorneys successfully obtained a writ of attachment in excess of $400,000 against downtown hospital Los Angeles Metropolitan Medical Center (LAMMC). The writ entitles Fenton Nelson's client to freeze hospital assets. The proceedings followed months of negotiations during which LAMMC had refused to honor its payment obligations. When it became clear that the hospital had no intention to pay voluntarily, Fenton Nelson sues to enforce the contracts. Seeking to delay the matter, LAMMC argued that the parties were required to undergo arbitration. Fenton Nelson successfully persuaded the Los Angeles Superior Court that its client was entitled to provisional relief by writ of attachment.

January 7, 2010 -- Fenton Nelson appealed a Medicare post-payment review determination that a physician was required to repay over one million dollars. At hearing before the Office of Medicare Hearing Appeals, Fenton Nelson presented extensive witness testimony to refute the Medicare auditors' claims. The administrative law judge reduced the repayment amount to under ten thousand dollars.

November 1, 2009 -- Fenton Nelson attorneys successfully overturned a temporary withhold imposed by the Medi-Cal Program on a home health provider. While the appeal process is often considered a "rubber stamp" process in which Medi-Cal providers are not entitled to any face-to-face hearing, Fenton Nelson presented overwhelming documentary evidence that the temporary withhold was unjustified. A Medi-Cal hearing officer concluded that there was no basis for the withhold to remain in place.