Parkway Imaging & Diagnostic a/o Barahona v. GEICO
Jan 13, 2009OUTCOME: Trial Verdict for Plaintiff
After trial, judgment for Plaintiff with statutory interest, attorneys fees and costs.
Great Neck, NY
Health care Lawyer at Great Neck, NY
Practice Areas: Health Care, Litigation
OUTCOME: Trial Verdict for Plaintiff
After trial, judgment for Plaintiff with statutory interest, attorneys fees and costs.
OUTCOME: Summary Judgment granted for Plaintiff
Plaintiff has established its prima facie case for for summary judgment through the affidavits annexed to the plaintiff's motion. Defendant has not offered a proper defense to this matter. As such, pla ... intiff's motion is granted. Plaintiff may enter judgment...
OUTCOME: Trial Decision for Plaintiff
After trial (for emg/ncv studies) judgment for Plaintiff together with statutory interest, statutory attorneys fees and costs.
OUTCOME: Trial verdict for Plaintiff
Plaintiff commenced this action seeking payment for EMG/NCV studies of the assignor's extremities . The only issue to be decded by this Court is whether the EMG/NCV testss perormed upon the assignor we ... re medically necessary. The Court finds that Defendant failed to carry its burden that the tests performed were reasonable. The defendant's expert conceded on cross-examination that EMG/NCV tests are useful tools to confirm radiculopathy, which was sustained by the assignor herein, and that the referring physician is in the best position to determine which diagnostic studies should be performed to achieve a proper diagnosis and formulate a proper treatment plan. Judgment is rendered in favor of Plaintiff and against Defendant.
OUTCOME: Summary Judgment granted to Plaintiff
Plaintiff has established its prima facie entitlement by demonstrating via admissible evidence timely submission of the bill to defendant and that said bill was not paid nor denied within 30 days after ... receipt. Defendant has failed to offer, via admissible evidence, a timely or valid defense to same. Accordingly, the clerk of this court is directedto enter judgment as demanded in the summons and complaint, together with statutory interest & attroneys fees, costs and disbursements.
OUTCOME: Plaintiff granted summary judgment
Plaintiff has established its prima facie case in this matter through the affidavits annexed to plaintiff's moving papers. Additionally plaintiff has established that the documents annexed are busines ... records. Defendant has not offered a proper defense to this matter. as such plaintiff's motion is granted. Plaintiff may enter judgment.
OUTCOME: Summary Judgment for Plaintiff
Plaintiff has established its prima facie case through the affidavits annexed to its moving papers. Judgment for causes of action together with statutory interest, statutory attorneys fees, costs and d ... isbursements.
OUTCOME: Trial verdict for plaintiff
The plaintiff commenced this action to recover assigned first party no fault benefits for a MRI (Magnetic Resonance Imaging) study it performed on plaintiff's assignor's cervical spine on October 31, 2 ... 005 which defendant maintains was not medically necessary. ... The court finds that the defendant did not meet its burden of coming forward with sufficient evidence to rebut the presumption that the cervical MRI was medically necessary. Judgment for Plaintiff.
OUTCOME: summary jmt limits trial issue to medical necesity
The parties are directed to proceed to trial solely on the issue of medical necessity.
OUTCOME: Trial Verdict for Plaintiff
The parties have stipulated to plaintiff's prima facie case and defendant's timely denial, the burden of proof shifts to defendant to prove its affirmative defense and sole issue for trial of lack of m ... edical necessity of the services rendered by plaintiff; after considering all the credible evidence adduced, I find that defendant has failed to meet its burden of proof.